William Gotwald V DBA WG Mechanical Will Gotwald; William Gotwald Contracted to to remodel at home Thornton CO Colorado

We have the following complaints against William Gotwald V / WG Mechanical for the following:

• Breach of contract

• Breach of fiduciary duties

• Non-Compliance of the Colorado Construction Trust Statute (by utilizing construction monies paid toward personal use and not paying his sub-contractors). 

Our complaints against Mr. William Gotwald are based on:

• Breach of contract:

  • Defective workmanship

  • Alterations in construction schedule (was agreed to month to month and a half for completion).  Over that period, he had over 20 different excuses for not showing up to do the work. 

  • Failure to perform on the part of a contractor

  • Delay in completion of project caused loss of revenue from potential renters from October – January, 2019

• Breach of Fiduciary Duties / Non-Compliance of the Colorado Construction Trust Statute:

  • We believe that Mr. Gotwald has used funds paid to him for completion of our job for personal use.   This violates the Colorado Construction Trust Statute 22-127. 

    • The Statute states that if a contractor fails to set payments aside to pay his sub-contractors, materials etc., he can be charged with civil theft which could be a felony. 

    • The Statute also requires that the contractor pay their suppliers and sub-contractors before they pay any of their own bills or those for their business expenses. 

  • This is why we have asked more than once for the receipts.  He merely responds with emails saying that his email is our receipt. 

  • We have had 2 of HIS sub-contractors show up at our home asking to be paid.  We have informed them that Mr. Gotwald was paid $47,530 up to this point.  One sub-contractor called to state non-payment by Mr. Gotwald

  • Mr. Gotwald states he has paid out $31,250 for materials and sub-contractors.  We want receipts from all of those items as we do not believe he is being honest and feel this is fraudulent on his part.   We do not know who all of his sub-contractors are and need to validate that they have been paid.  We also know that the charges he states he has paid as part of our job were exaggerated.  (IE:  dumpster charge, material charges, sub-contractor charges).

  • During the construction his “draws” for construction were just prior to the following:

    • Dog had surgery

    • He purchased new patio furniture

    • He went on a mountain vacation with his children

    • He had a large truck repair for transmission.  He called me on October 24th stating he would be needing an additional $6000 draw for construction.  He also stated that his truck broke down.  The next day (October 25th), he text me that he got a call from the Transmission shop and the transmission had to be replaced with a cost of $4300 and they found other things wrong with it which added up to another $1900.  His email dated October 29th states he used the funds for:   $6000 minus $2,830.50 for drywall downstairs, $100 to pull nails, $450 frame of plumbing wall, $200 installation and $120 for moving of baseboard heat.