Whether residential or commercial, construction projects require skilled workmanship, quality materials, and strict adherence to building codes; unfortunately, not every construction project goes as planned, and defects may arise. In these instances, warranties are critical in determining the remedies available to property owners. Understanding how warranties function in construction defect cases can help Colorado property owners protect their investments and pursue legal action when necessary.
What Are Construction Warranties?
Construction warranties are legally binding promises a builder, contractor, or developer makes regarding the quality of workmanship, materials, and overall project outcomes. These warranties ensure that a property meets specific standards and functions as intended. Two primary types of construction warranties come into play in defect cases: express warranties and implied warranties.
- Express Warranties
Express warranties are written guarantees the contractor or builder provides, often included in the construction contract. These warranties explicitly outline what is covered, such as structural integrity, compliance with building codes, or materials’ durability. They may also specify the duration of the warranty period and any limitations or exclusions. - Implied Warranties
Implied warranties are not explicitly stated in a contract but are automatically assumed under Colorado law. These include the implied warranty of habitability, which ensures that a residential property is safe and livable, and the implied warranty of workmanship, which guarantees that the work meets industry standards. Implied warranties provide additional protection for property owners, even when no express warranty exists.
How Do Warranties Protect Colorado Property Owners?
Warranties offer property owners a legal avenue to address construction defects without immediately resorting to litigation. When defects arise within the warranty period, the builder or contractor must repair or replace the defective work at no additional cost to the owner. Common examples of defects covered by warranties include:
- Cracks in foundations or walls
- Improperly installed roofing materials lead to leaks
- Electrical or plumbing systems that fail to function
- Uneven flooring or subpar finishes
For Colorado property owners, warranties provide peace of mind that their investment is safeguarded and that they have recourse if something goes wrong.
Common Challenges with Construction Warranties
While warranties are designed to protect property owners, navigating them can be complicated. Builders and contractors may attempt to limit their liability through restrictive language in the warranty or dispute claims by asserting that the defect was caused by the owner’s actions or external factors.
Other common challenges include:
- Short Warranty Periods: Some express warranties may only last one or two years, leaving property owners without coverage for latent defects that surface later.
- Exclusions and Limitations: Warranties often exclude certain elements, such as natural wear and tear or damage caused by weather events.
- Disputes Over Responsibility: Builders may argue that a subcontractor or material supplier is responsible for the defect, creating additional complications.
Because of these challenges, it is crucial for property owners to carefully review warranty documents and seek legal guidance when disputes arise.
Filing a Construction Defect Claim Under a Warranty
In Colorado, property owners seeking to file a construction defect claim must adhere to specific legal procedures, including those outlined in the Construction Defect Action Reform Act (CDARA). This statute aims to promote the resolution of disputes without litigation by requiring property owners to provide written notice of the defect to the builder or contractor before filing a lawsuit.
To successfully pursue a claim under a warranty, property owners should:
- Document the Defects: Take photographs and keep detailed records of the issues, including when they first became apparent.
- Review the Warranty: Understand the warranty’s terms and coverage to determine if the defect falls within its scope.
- Provide Timely Notice: Notify the builder or contractor in writing of the defect within the warranty period.
- Consult a Construction Defect Lawyer: An experienced attorney can help property owners understand their rights, negotiate with the builder, and, if necessary, file a lawsuit to recover damages.
The Role of Implied Warranties in Litigation
Even if a property owner’s express warranty has expired or does not cover a particular defect, implied warranties may still provide a legal basis for a claim. In Colorado, courts generally uphold the implied warranty of habitability, particularly in residential construction cases. This means that property owners may still have recourse if their home is deemed unsafe or unlivable due to defects, regardless of whether the builder included express warranty disclaimers.
How a Denver Construction Defect Lawyer at Baker Law Group Can Help
Construction defect cases can be legally and emotionally challenging for property owners. Builders and contractors often have significant legal resources to fight claims, making it difficult for owners to secure the compensation they deserve. Baker Law Group has extensive experience handling construction defect cases across Colorado, helping property owners navigate warranty issues and recover damages for subpar construction work.
Our legal team is well-versed in Colorado’s construction laws and is committed to holding builders and contractors accountable. Whether you need assistance filing a warranty claim, negotiating repairs, or pursuing litigation, Baker Law Group can guide you through the process and advocate on your behalf.
Contact a Denver Construction Defect Lawyer
Understanding your warranty rights is essential if you face issues with defective construction in Colorado. At Baker Law Group, our skilled construction defect lawyers are ready to help you navigate the complexities of your case. Contact us today for a consultation, and let us help you protect your investment and hold negligent builders accountable.
