Exploring the Statutes of Limitations for Construction Defect Claims in Colorado
This guide, brought to you by Baker Law Group, explores the critical aspects of the statute of limitations in Colorado construction defect claims, helping you navigate the legal landscape and protect your interests.
What is the Statute of Limitations for Construction Defect Claims in Colorado?
In Colorado, the statute of limitations for construction defect claims is governed by the Colorado Construction Defect Action Reform Act (CDARA). Under CDARA, a claimant must file a lawsuit within two years from the date they discover or should have discovered, the defect and the resulting damages.
The Statute of Repose: A Longer Time Frame
While the statute of limitations focuses on the discovery of defects, the statute of repose sets an absolute deadline for filing construction defect claims, regardless of when the defect was discovered. In Colorado, the statute of repose for construction defects is six years from the date of substantial completion of the improvement to the real property. However, there are some exceptions that can extend this period to eight years if the defect is discovered in the fifth or sixth year.
The Importance of Timely Action
Complying with the statute of limitations and the statute of repose is essential for preserving your right to pursue legal remedies for construction defects. Failure to file a claim within the specified time frame may result in the loss of your right to seek compensation or remediation. Therefore, it is crucial to act promptly upon discovering a construction defect or any resulting damages.
Exceptions to the Statute of Limitations
In certain circumstances, the statute of limitations for construction defect claims in Colorado may be extended or tolled. Some of these exceptions include:
- Fraud or concealment: If a party fraudulently conceals a construction defect, the statute of limitations may be extended until the claimant discovers the defect.
- Minors or incapacitated persons: The statute of limitations may be tolled for claimants who are minors or incapacitated at the time the cause of action arises.
The Notice of Claim Process in Colorado
Before filing a lawsuit for construction defects in Colorado, claimants must follow the notice of claim process as outlined by CDARA. This process requires the claimant to provide written notice to the responsible party, detailing the defect and resulting damages.
The party receiving the notice then has the opportunity to inspect the property, offer a settlement, or propose repairs. It is essential to understand that the notice of claim process can impact the statute of limitations, as it may toll the deadline while the process is ongoing.
Consulting an Experienced Construction Defect Attorney Denver Residents Trust
Navigating the complexities of Colorado’s statute of limitations and the notice of claim process can be challenging. Consulting an experienced construction defect attorney, such as those at Baker Law Group, is crucial for understanding your rights, ensuring timely action, and preserving your ability to seek legal remedies for construction defects.
Understanding the statute of limitations for construction defect claims in Colorado is crucial for protecting your interests and pursuing legal remedies. By staying informed about the applicable deadlines, exceptions, and notice of the claim process, you can effectively navigate the legal landscape.
The experienced Colorado Construction defect attorneys at Baker Law Group are here to help you understand your rights and guide you through the process of pursuing a construction defect claim. Contact us today for a consultation to discuss your case and the best course of action for your specific situation.