As a commercial property owner in Colorado, construction defects can pose significant risks to your investment. Whether you are dealing with structural issues, water intrusion, or substandard materials, these problems can lead to safety concerns, diminished property value, and costly repairs. Understanding construction defect law in Colorado is essential to protecting your rights and seeking remedies when construction does not meet acceptable standards.
At Baker Law Group, we help Colorado commercial property owners navigate complex construction defect cases. This post provides an overview of common construction defects, legal remedies available under Colorado law, and the steps you can take to protect your property and recover damages.
Common Types of Construction Defects in Colorado
Construction defects can occur at any stage of a building’s development, from design flaws to poor execution during construction. Common defects in commercial properties include:
- Foundation Issues: Improper grading, inadequate soil testing, or poor engineering can lead to foundation cracks, uneven settling, or structural instability.
- Water Intrusion: Faulty waterproofing, defective roofing, or improper drainage can result in leaks, mold, and water damage.
- Mechanical and Electrical Failures: Errors in installing HVAC systems, wiring, or plumbing can disrupt business operations and create hazards.
- Structural Problems: Weak framing, defective materials, or errors in load-bearing calculations can compromise the integrity of the property.
- Code Violations: Construction that fails to comply with local building codes and standards can leave property owners vulnerable to legal and safety risks.
Each defect can have severe consequences, making it critical to address potential issues promptly. Colorado law provides avenues to hold responsible parties accountable.
Legal Remedies for Construction Defects in Colorado
Colorado law allows commercial property owners to seek remedies for construction defects under several legal theories. These include:
Breach of Contract
A breach of contract occurs when a contractor, architect, or engineer fails to fulfill the terms of their agreement. If the construction does not meet the agreed-upon specifications, you may be entitled to compensation for repairs and related damages.
Negligence
Negligence arises when a construction professional fails to exercise reasonable care and causes defects. For example, an engineer who neglects to account for soil conditions when designing a foundation may be liable for the damage.
Breach of Implied Warranty
In Colorado, construction professionals must provide an implied warranty of habitability and workmanship. This means the property should be free from significant defects and fit for its intended use. You may have grounds for a claim if your commercial property does not meet these standards.
Strict Liability
Under strict liability, certain parties in the construction chain may be held liable for defects caused by defective products or materials, even if they were not negligent. This can apply to manufacturers or suppliers of faulty materials used in construction.
Colorado Construction Defect Action Reform Act (CDARA)
Colorado’s CDARA outlines specific procedures for pursuing construction defect claims. Before filing a lawsuit, property owners must provide written notice to the responsible party detailing the alleged defects and allowing them an opportunity to repair or settle the claim. Compliance with CDARA’s requirements is critical to preserving your legal rights.
Statute of Limitations for Construction Defect Claims in Colorado
Time is a critical factor in construction defect cases. Colorado law imposes specific time limits on when you can file a claim:
- Two-Year Limit: Under the “discovery rule,” you must file a lawsuit within two years of discovering the defect or when you reasonably should have discovered it.
- Six-Year Limit: Colorado also has an absolute six-year statute of repose, which means claims cannot be filed more than six years after substantial completion of the construction project, regardless of when the defect was discovered.
In some cases, the statute of limitations may be extended by up to two additional years if the defect is discovered in the fifth or sixth year following project completion. Understanding these deadlines is essential to preserving your right to pursue a claim.
Steps to Take If You Suspect a Construction Defect
If you suspect a construction defect in your commercial property, taking proactive steps can help protect your investment and strengthen your case:
- Document the Defect: Take photographs, gather invoices, and maintain detailed records of the issue and any attempts to address it.
- Consult an Expert: Hire a construction defect expert, such as an engineer or building inspector, to evaluate the problem and provide a professional opinion.
- Review Your Contracts: Carefully review your construction contracts, warranties, and agreements to identify any applicable guarantees or obligations.
- Notify the Responsible Party: As CDARA requires, provide written notice of the defect to the contractor, architect, or other responsible parties.
- Contact a Lawyer: Seek legal advice from an experienced construction defect attorney to evaluate your options and guide you through the process.
The Role of a Denver Construction Defect Lawyer
Construction defect cases often involve multiple parties, including contractors, architects, engineers, and material suppliers. Navigating these claims can be challenging without experienced legal representation.
At Baker Law Group, our construction defect attorneys understand Colorado’s laws and the complexities of commercial property cases. We work closely with experts to investigate defects, negotiate with responsible parties, and pursue litigation if necessary. We aim to help property owners recover the compensation they need to repair their buildings and protect their investments.
Contact a Denver Construction Defect Lawyer
If you are a commercial property owner in Colorado dealing with construction defects, you don’t have to face this challenge alone. Baker Law Group provides the legal support you need to resolve your case efficiently and effectively.
Contact us today to schedule a consultation with a Denver construction defect lawyer. We will protect your rights and ensure your property meets your expectations.
