What to Consider When Communicating with Difficult Parties
Are you a contractor or subcontractor who has had difficulty getting paid for work performed in the past? Have your repeated requests been received and responded to with threats of criminal charges for harassment? Here is what every construction professional should consider in order to avoid crossing the line when communicating with difficult parties.
Like every other state, Colorado criminalizes harassment. Under Colorado Revised Statute § 18-9-111, a person commits harassment when he or she initiates communication for no legitimate purpose, only to “harass, annoy, or alarm another person.” The statute expressly covers forms of communication by telephone, text message, instant message, computer, or any other “interactive electronic medium” and forbids such devices from being used for the purpose of making obscene gestures or threats of physical injury and damage to property.
“Obscenities” are defined as offensive descriptions of sexual acts or solicitation to commit such acts. Obscene communication is prohibited regardless of whether the acts communicated are realistic or not. In many Colorado cases, in which the defendants have been found guilty of harassment, courts have focused on the defendants’ use of graphic and offensive language directed toward their victims.
In many cases of payment collection, it is difficult to say exactly how much contact is too much contact. Like many legal issues, the ultimate decision rests with the fact finder, either judge or jury, and that can be very difficult to predict. We believe that daily calls for the purpose of collecting money that is owed should not be considered harassment. The key for construction professionals is they should conform any and all communications with other parties to be (1) solely for the legitimate purpose of conducting their business and (2) free from obscene and threatening language. By following these two simple guidelines, you can feel confident that your outreach efforts to obtain payment fall short of constituting harassment regardless of any threats to the contrary.
For more advice on how to deal with difficult customers or clients, we encourage you to contact Galvanize Law Group, where an experienced attorney can advise you on specific steps you may be able to take to better ensure that you are timely paid for your work.