Homeowners wait months for fence installation after paying thousands in deposits

Article was updated at 6:05 p.m. on November 14.

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:

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.

Update:

The owner of Peak Fencing has dissolved a business with a name nearly identical to an established Colorado Springs fence company after a News5 investigation revealed customer confusion and financial disputes.

Mark Lundy, who owns Peak Fencing, created Colorado Springs Fence Limited in June 2025, using a name strikingly similar to the existing Colorado Springs Fence Company owned by Josh Osborne.

"You've got to be kidding me," Osborne said when he learned about the similar business name.

The confusion became apparent when homeowner Clelia Demoraes contacted Osborne wondering where her money was, even though he had never worked with her.

"He wanted the check made out to Colorado Springs Fence, which is a totally different company," Demoraes said.

Osborne said his company, Colorado Springs Fence Company, never received or deposited Demoraes' check. However, Colorado Springs Fence Limited did.

"I'm getting calls from a bank calling to let me know that their customer was contesting a check that they had written to me as fraudulent," Osborne said, "And I have to explain to them, no. They didn't write it to me, they wrote it to a different Colorado Springs Fence."

Colorado Secretary of State records show Colorado Springs Fence Limited was filed in June 2025 with Peak Fencing listed as the registered agent.

"I was shocked. I figured it would be some brand new guy who had no idea. But Peak Fencing knows us. We compete a lot, we show up to the same estimates," Osborne said.

After News5's initial story aired November 1, Lundy agreed to an interview but requested not to appear on camera.

"I wish I could fix it and make it right with everybody," Lundy said.

Lundy said he started Colorado Springs Fence Limited wanting a fresh start after a falling out with two former Peak Fencing employees. When asked about the confusion his new company's name caused, Lundy said he thought Osborne's business wasn't operating.

"I wasn't under the impression that they weren't in business," Lundy said.

When asked to clarify if he thought they weren't in business, Lundy responded: "Yeah. So obviously, if they are in business, then it's 100%, it's a, it's a, it's a no go."

Following the conversation with News5, Lundy dissolved Colorado Springs Fence Limited on Friday afternoon, providing confirmation from the Secretary of State.

Regarding homeowners' deposit money, Lundy explained where the funds went.

"It was used up trying to still run the company and some of it went towards trying to pay down the supplier so we could order materials or different things like that, it really, really wasn't used for anything else," Lundy said.

Lundy said he hopes to establish payment plans with affected homeowners.

"I'm determined to try to pay them back," Lundy said.

While Lundy said he isn't taking any more estimates, the company website still showed an option to make appointments at the time of the interview. Lundy said he would refer potential customers to other companies.

He tells News5 that he is trying to right a wrong.

"I think it's the right thing to do, definitely to open up and to speak out, which is really difficult. I should have done it sooner, like everything else," Lundy said.

Three small claims cases against Peak Fencing reported earlier this month are scheduled to go before a judge in January. Lundy said he plans to either settle the cases beforehand or appear in court.