DENVER — For almost two years, Denver7 Investigates has been reporting on complaints and criminal charges against Schwalb Builders, a father‑son contractor duo accused of taking big payments for home remodels then leaving homes in shambles.
Sean Schwalb and his father, Avi, face dozens of felony charges, including theft, money laundering, and violating Colorado’s Organized Crime Act. Prosecutors allege the two took more than $1 million from customers beginning in 2021, demolishing parts of homes in some cases and never returning to finish the work.
“They ruined our lives. Every time I think about it, it angers me,” said former client Noelle Collins in an interview earlier this year.
Sean has yet to be arraigned nearly a year after his indictment. In court last month, his latest defense attorney withdrew from the case, citing a “complete breakdown in communications.”
Prosecutors from the Colorado Attorney General’s Office objected to another delay. According to sources, this is now Sean’s third criminal defense attorney.
Meanwhile, Avi pleaded not guilty to his criminal charges and filed for Chapter 11 bankruptcy in May, a move that froze multiple civil lawsuits from going to trial.
“This is an extreme example of how you can abuse the legal system,” said attorney Jason Krueger, who represents several former Schwalb clients. “This is somebody who is very sophisticated and manipulating the legal system to delay and to delay, to delay, but justice ultimately will be served.”
Krueger said the delays aren’t unique to the current civil cases. He has talked to attorneys who said Schwalb has delayed before.
“One gentleman said that it took him five years to get justice, and the day trial was supposed to start [in civil court], he received a settlement from Avi Schwab after five years of delays,” said Krueger.
Legal experts say delays in criminal court can happen for many reasons, and defense attorneys sometimes use them as a tool.
“More than likely, they’re going to fire their attorney, and that is the most common thing,” said Denise Mowder, a criminology professor at Metropolitan State University of Denver and former prosecutor. “The problem is the victims of crime… their day in court gets delayed again and again, and they have to live in this limbo of never knowing what’s going to happen.”
That’s exactly what some former Schwalb clients say they’ve experienced, both in criminal court and in their stalled civil cases. Just before one victim’s civil trial was set to begin, Avi filed for bankruptcy.
"The only time I've ever met Avi, he said to me, 'How dare you sue me. I will file for bankruptcy before I give you a penny,'" said Karen Davidson, a former client of Schwalb Builders. "Bankruptcy laws are meant to protect people who make mistakes and need a fresh start, not to protect millionaires and their yachts and multiple properties."
Months later, Avi Schwalb tried to have that bankruptcy dismissed, but a judge denied the motion last week and converted the case from Chapter 11 to Chapter 7. That means a court‑appointed trustee will now have broad authority to locate and liquidate assets to distribute funds among creditors and alleged victims.
Krueger believes that ruling could benefit those still waiting.
“The trustee will be going after Avi’s assets,” he said. “It may have backfired.”
Avi’s criminal defense attorney, Dru Nielsen, disputes that his client has delayed the criminal case. In a statement, she said, “Avi has not delayed the criminal case. Avi has entered not guilty pleas to all charges, is set for trial, and is eager to have an unbiased jury hear the facts. Avi adamantly denies that he was involved in any scheme to defraud homeowners.”
Sean Schwalb did not respond to requests for comment.
For families left waiting, each postponement feels like a setback, but they say they’ll be ready when their day in court finally comes.
