When you think of construction projects, you might think of blueprints, concrete, and steel. But for a construction attorney, the terrain is just as much about statutes, case law, and legal principles. For individuals involved in Colorado’s real estate and construction industries, understanding Colorado’s Construction Defect Action Reform Act (CDARA) is crucial.
What is a Construction Defect?
Construction defects generally refer to a failure in a building or structure resulting from poor design, planning, supervision, inspection, or construction. It may include structural integrity defects, such as a defective foundation, or material and mechanical issues like water intrusion and HVAC problems.
CDARA and its Implication
The Construction Defect Action Reform Act (CDARA) is Colorado’s primary construction defect law. Enacted in 2003, it represents an effort by the Colorado legislature to curtail construction defect litigation by introducing requirements that must be met before such litigation can proceed.
CDARA covers a variety of issues, but two key provisions have particular significance: the Notice of Claim process and the Statute of Repose.
Notice of Claim Process
Before a construction defect lawsuit can be initiated in Colorado, the property owner must follow the Notice of Claim process. Under this process, a property owner must provide a written notice to the construction professional detailing the defect claim, allowing the professional an opportunity to inspect the defect, and propose a remedy or settlement.
Statute of Repose and Limitation
The CDARA also establishes a timeframe within which construction defect claims can be made, known as the statute of repose and the statute of limitations. The statute of repose begins running when the construction is substantially completed and lasts for six years, with a potential two-year extension if the defect is discovered in the final two years. The statute of limitations, however, begins running when the defect is discovered or should have been discovered and lasts for two years.
Case Law Impacting Construction Defects
Over the years, several Colorado court decisions have interpreted and clarified aspects of the CDARA. For instance, the Colorado Supreme Court’s decision in the Vallagio at Inverness Residential Condo Association v. Metropolitan Homes, Inc. case affirmed that developers can retain the right to arbitration in their contracts, preventing litigation.
Importance of Legal Representation
The complexities of Colorado’s construction defect law require skilled navigation. It is critical to engage legal representation early in the process, preferably before a construction defect becomes a dispute.
An attorney can provide necessary guidance in order to help you understand your obligations under the law and reduce the likelihood of litigation.
In conclusion, understanding and navigating the complexities of Colorado’s Construction Defect Law requires a comprehensive understanding of the statute, relevant case laws, and an eye for detail. The construction industry in Colorado continues to grow, and so too does the importance of understanding construction defect law in this state.
Understanding the intricate details of the Colorado construction defect law can be challenging, but you don’t have to face it alone. Whether you’re a homeowner, a contractor, or a developer, engaging a Colorado construction defect lawyer early in the process can save you time, resources, and stress down the line.
At Baker Law Group, our Denver construction attorney team has the expertise to help you navigate these complexities. Don’t wait for a construction defect to become a major issue; take action today and contact us for an initial consultation. Your peace of mind is our top priority.