Understanding the Definition of Construction Defects Under Colorado Law
Colorado law defines construction defects primarily through the Colorado Construction Defect Action Reform Act (CDARA).
The CDARA provides a framework for construction defect claims and defines a construction defect as a defect in the design, construction, or supervision of any improvement to real property that causes damage to, or the loss of use of, real property or personal property within the improvement.
According to the CDARA, a claimant must prove the following elements in a construction defect claim:
- There is a defect in the design, construction, or supervision of the improvement of real property.
- The defect caused damage to, or the loss of use of, real property or personal property within the improvement.
- The damage or loss was a result of a failure to construct the improvement in substantial compliance with the applicable building code or industry standard.
- The claimant suffered actual damages as a result of the construction defect.
It’s important to note that the specific definition of a construction defect may vary depending on the circumstances of each case, and additional legal nuances may apply.
To fully understand the definition of construction defects under Colorado construction law and how it applies to a specific situation, it is recommended to consult with a qualified Colorado Construction attorney at Baker Law Group.
