The Colorado Construction Defect Action Reform Act (CDARA), enacted by the Colorado legislature, is a legal statute designed to limit the liability of construction professionals for defects in the construction process.
Understanding CDARA is critical for anyone involved in the Colorado construction industry, including developers, contractors, and homeowners. In this article, we will delve into the main elements of CDARA, its implications, and how it could affect you.
Background and Purpose of CDARA
CDARA was implemented in 2003 to address a perceived crisis in the Colorado construction industry, caused by a surge in litigation over construction defects. The law aims to limit frivolous claims and encourage dispute resolution by imposing procedural requirements before a lawsuit can be filed. The act’s primary purpose is to balance the rights of property owners to seek remediation of defective construction against the rights of construction professionals to be protected from unfounded claims.
Key Provisions of CDARA
One of the principal features of CDARA is the requirement of a Notice of Claim process before litigation. This process necessitates that the property owner give notice to the construction professional of any alleged defect, allowing the professional an opportunity to offer to repair the defect or settle the claim without court intervention. This pre-litigation step aims to promote resolution between parties and reduce litigation.
Another significant provision of CDARA is the statute of repose. This provision sets a strict time limit during which a property owner can bring a claim for a construction defect. Currently, this limit is set at six years from the substantial completion of the improvement, with an additional two years for latent defects that were not readily apparent.
CDARA also imposes caps on damages. It limits the amount a plaintiff can recover to actual damages that are a direct result of the defect, excluding consequential damages such as lost profits or diminution in property value. However, it’s important to note that these caps don’t apply in cases of fraudulent concealment or willful and wanton conduct.
Implications and Challenges of CDARA
While CDARA is well-intentioned, it has generated some controversy. Some argue it disproportionately protects the interests of construction professionals at the expense of property owners. However, supporters assert that it achieves its purpose of reducing unnecessary litigation and maintaining reasonable costs for construction professionals.
Navigating CDARA can be complex, as its application often depends on the specific circumstances of the case. The statute requires careful attention to timing, notice requirements, and the specific definitions of a “construction defect” and “action.” Failure to adhere to these requirements can bar a claim completely.
In Summary
CDARA is a comprehensive and complex law that significantly affects the landscape of construction defect litigation in Colorado.
While it offers certain protections for construction professionals, it also provides a structured process for property owners to resolve disputes.
Thorough understanding and careful navigation of CDARA is paramount for all parties involved in Colorado’s construction industry.
If you’re dealing with a construction defect dispute or need guidance to understand the nuances of Colorado construction defect law, you shouldn’t have to do it alone. The experienced Colorado construction defect lawyer at Baker Law Group are here to assist.
Our Denver construction attorney has a deep understanding of the intricacies of CDARA and will fight for your rights, whether you’re a construction professional or a property owner. Contact us today and let our expertise guide you through the complexities of Colorado construction law.
