Filing a construction defect claim in Colorado involves navigating specific state laws and regulations. This article, provided by Baker Law Group, offers a comprehensive guide to understanding these laws and the steps involved in filing such claims. If you are facing issues with construction defects, understanding your legal rights and the process can significantly enhance your ability to secure a favorable resolution.
Understanding Colorado Construction Defect Law
Colorado’s construction defect laws are designed to protect property owners by ensuring that construction professionals adhere to high standards of quality and reliability. These laws are pertinent when defects in design, workmanship, materials, or systems of a new or remodeled building result in failure or are otherwise unsafe or unsuitable for their intended use.
Key Legal Frameworks
Several statutes govern construction defect claims in Colorado, including the Colorado Construction Defect Action Reform Act (CDARA). CDARA aims to balance the interests of property owners and construction professionals, promoting fair and responsible treatment for both parties. It includes specific requirements for homeowners and homeowner associations to follow before filing a lawsuit, such as notice requirements and opportunities for the contractor to remedy the defects.
Statute of Limitations
It’s critical to be aware of the time limits within which you must file a claim. In Colorado, the statute of limitations for construction defects is generally two years from the date the defect was discovered or should have been discovered. However, there is also a statute of repose that limits claims to no more than six years after the substantial completion of the improvement, regardless of when the defect was discovered, with certain exceptions extending this period to eight years if the defect is discovered in the sixth or seventh year.
Filing a Construction Defect Claim: A Step-by-Step Guide
Step 1: Identify the Defect
The first step in filing a construction defect claim is to accurately identify and document the defects. This may involve hiring an inspector or an engineer to assess the property and provide a detailed report of the issues. Photographs, expert opinions, and maintenance records can serve as crucial evidence in your claim.
Step 2: Review Your Contract
Review your construction contract carefully. It likely includes provisions regarding warranty claims and defect notifications. Understanding these provisions is crucial as they can dictate the timelines and procedures for reporting defects.
Step 3: Provide Notice to the Contractor
Under CDARA, homeowners must provide the contractor with written notice of the claimed defects before initiating a lawsuit.
The notice should clearly describe the defects and the resultant damages or issues. The contractor then has a right to inspect the property and decide whether to offer to repair the defects or compensate the homeowner.
Step 4: Engage Legal Counsel
Construction defect litigation can be complex and contentious. Engaging a law firm with expertise in construction law, like Baker Law
The group can provide the necessary guidance and representation to navigate these challenges effectively. Legal counsel can help in drafting the notice, negotiating with the contractors, and, if necessary, preparing for litigation.
Step 5: Attempt Resolution
If the contractor or builder responds to your notice by offering to repair the defects, evaluate the proposal with your attorney to ensure that it adequately addresses all issues. If you accept the repair, it’s essential to have the work inspected to confirm that it meets the agreed-upon standards.
Step 6: Filing a Lawsuit
If a satisfactory agreement cannot be reached after providing notice, you may need to file a lawsuit. Your attorney will prepare the necessary documentation and represent you throughout the legal proceedings. The law
suit must be filed within the appropriate statutes of limitations and repose, so timely action is crucial.
Step 7: Discovery and Trial
Once a lawsuit is filed, the discovery phase begins, where both parties exchange evidence and conduct depositions. Construction defect cases often involve technical details, so expert witnesses are typically employed to testify on the specifics of the construction issues. The case may go to trial if a settlement is not reached, where a judge or jury will make the final decision.
Call Baker Law Group
Filing a construction defect claim in Colorado requires a structured approach and meticulous attention to legal procedures and timelines. By understanding your rights and the intricacies of the law, you can effectively pursue a claim for construction defects. Baker Law Group is ready to assist you in assessing your situation, advising on the best course of action, and representing your interests in all phases of the process.
For more information or to schedule a consultation, contact Baker Law Group today. We are here to protect your investment and help restore your property to its rightful condition.
