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Homeowners wait months for fence installation after paying thousands in deposits

Colorado Springs homeowners wait months for fence installations after paying thousands to Peak Fencing, with some taking legal action to recover deposits.
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Peak Fencing

COLORADO SPRINGS, Colo. (KOAA) — Multiple Colorado Springs residents say they've been waiting more than three months for fence installations after paying substantial deposits to Peak Fencing, with some customers now taking legal action to recover their money.

Jessica Gorman has been waiting more than three months for her fence installation after paying approximately $6,200 to Peak Fencing in Colorado Springs.

Despite repeated attempts to contact the company, she says her calls and texts have gone unanswered.

"This is ridiculous, like we want our money back," Gorman said.

Jordan McManus shares a similar experience. He paid nearly $3,000 for fence installation services, but says the company has become increasingly difficult to reach.

He tells News5 he felt uneasy when they became unresponsive a few days before his fence was supposed to be installed.

"I mean, I got that feeling when no one answered that day. The hardest part to get a hold of them was last week when their phone was disconnected," McManus said.

Both customers describe a similar process when working with Peak Fencing: receiving an estimate, putting down a deposit, and then experiencing complete silence from the company.

One neighbor, who didn't want to be named, said she was fortunate enough to get the materials she paid for from Peak Fencing.

However, when her landscaper picked them up from the business, they realized the materials were wrong. Instead of chicken wire, she received cattle barbed wire.

Peak Fencing advertises on its website as a company that has been installing various types of fences in southern Colorado since 2001, offering services from temporary to concrete fencing.

Multiple attempts to reach the company for comment over the past week and a half, including visits to their business location, have been unsuccessful.

Gorman says she finally received communication from Peak Fencing last month through an email explaining their situation.

The email says:

Due to an unexpected and unfortunate falling out within our company we've been facing serious operational challenges that have affected our cash flow, and because of this, we're unable to return the deposit in one lump sum at this time. However, we are committed to making things right and would like to arrange for returning your deposit through scheduled payments until the full balance is repaid.
Peak Fencing

A month after receiving that email, Gorman says she has not received any scheduled payments.

Court records show Peak Fencing has three open small claims cases in El Paso County.

One case alleges breach of contract, while the other two seek deposits plus damages, claiming Peak Fencing failed to install fences or provide materials.

Recent months have seen an increase in negative online reviews for the company. The Better Business Bureau has assigned Peak Fencing an "F" rating due to six complaints filed against the business and the company's failure to respond to four of those complaints.

Neal Hollington, owner of Hollington Law Firm, who specializes in contract disputes, says homeowners have legal protections in these situations.

"Each contract in Colorado requires performance to, if it's not specifically laid out in the contract, it requires performance to be within a reasonable amount of time," Hollington said. "If we're talking about months and there's just been nothing done on the project, I think that the homeowner probably has a pretty good argument that the contractor is in breach by not timely performing the contract."

To protect against similar situations, Hollington recommends requesting a 10% deposit instead of 50% and checking the contractor's certificate of insurance, which would cover any issues that arise.

People can verify insurance coverage by requesting documentation from the business or contacting the insurance company directly to confirm the policy is current.

Gorman ultimately says she wants to see accountability from the established business.

"This isn't just like uh, oh, I started last year and I'm still trying to figure things out. No, like they've been in business for 24 years. I think we need to be getting some response from the owner," she said.

Gorman has started the legal process to take Peak Fencing to court, but says she has been unable to serve the summons to the business.

Efforts to reach Peak Fencing for comment continue.



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