Most Colorado radon mitigation work goes well. Some doesn't. If your contractor disappeared after taking your deposit, if the install didn't bring radon below the action level and they won't fix it, if the fan failed within warranty and they won't honor it — Colorado has formal recourse paths. This page walks through them.
This is general information, not legal advice. For serious disputes, consult a Colorado consumer protection or contracts attorney.
Step 1 — Document the dispute in writing first
Before any complaint, send the contractor a written communication (email is fine and easier to document) that includes:
- What you contracted for (reference the original quote).
- What was delivered (or not delivered).
- What outcome you expect (re-install, refund, fan replacement, etc.).
- A reasonable deadline for response (typically 14 days).
Most legitimate disputes resolve at this step. A contractor who wants to keep their license isn't going to ignore a written demand they know is about to escalate.
Step 2 — File a DORA complaint (most powerful)
Colorado DORA's Office of Radon Professionals can investigate complaints, suspend licenses, and impose fines. This is the most direct consumer recourse for problems with a licensed Colorado mitigator.
- Go to dpo.colorado.gov/Filing-Complaint.
- Select the appropriate profession (Radon Mitigation Professional).
- Provide the contractor's name, license number, and a detailed account of the dispute.
- Attach supporting documentation: the contract, written communications, the test results, photos of the install.
DORA investigates and can take action ranging from a formal warning to license suspension or revocation. The process is slower than civil court but cheaper, and a DORA finding becomes part of the public record other consumers can see.[1]
Step 3 — File a BBB complaint
BBB doesn't have enforcement authority, but it's effective for:
- Pushing the contractor to respond (most do, to maintain their BBB rating).
- Documenting the dispute publicly.
- Warning future consumers.
File at bbb.org. The process takes a few minutes; BBB typically forwards the complaint to the contractor within a few days and gives them 30 days to respond.
Step 4 — Colorado Attorney General Consumer Complaint
The Colorado Attorney General's office investigates patterns of consumer fraud and unfair business practices. Individual complaints don't always result in direct action, but they:
- Build the AG's case if the contractor has multiple complaints.
- Trigger investigation if the conduct is egregious.
- Can lead to civil enforcement actions, including restitution.
File at coag.gov. Particularly useful for cases involving fraud, identity theft, or systematic consumer harm.
Step 5 — Civil action (small claims or higher)
If you've suffered financial harm and the contractor won't make you whole, you may have grounds for civil action:
- Small claims court in Colorado handles disputes up to $7,500. Filing fees are modest ($31–$80 depending on amount). No attorney is required (and not usually allowed).
- County court handles disputes from $7,500 to $25,000. Attorney typically helpful.
- District court handles larger disputes. Attorney essentially required.
Before filing, send a final written demand. Many contractors will settle to avoid court even if they were stonewalling on the BBB or DORA tracks.
When to consult an attorney
Consult a Colorado consumer protection or contracts attorney when:
- The financial harm exceeds $7,500 (above small claims limit).
- The contractor is making counterclaims or threatening legal action against you.
- The dispute involves alleged fraud, identity theft, or pattern of misconduct.
- You discover after closing on a home that the radon mitigation was misrepresented in the SB23-206 disclosure.
- The contractor is unresponsive to all of the above channels.
Many Colorado attorneys offer a free initial consultation. The Colorado Bar Association maintains a referral service.
What documentation to gather
For any of these paths, gather:
- Original radon test result and any subsequent tests
- Written quote and any contract documents
- Final invoice and any payment records
- All written communications with the contractor (emails, texts, letters)
- System certification and post-mitigation test result (or absence thereof)
- Photos of the install — pipes, fan location, manometer, exhaust point, sealing
- References to specific complaints (e.g., AARST standard violations, missing scope items)
- Names and contact info for any witnesses (other tradespeople, real estate agents involved)
This page is general information, not legal advice. For serious disputes, consult a Colorado consumer protection or contracts attorney.