When you discover construction defects in your Colorado home, the law gives builders a chance to make things right before you can take them to court. This process, governed by Colorado's Construction Defect Action Reform Act (CDARA), includes what's called a "cure period" - a specific timeframe during which builders must respond to your claims and potentially fix the problems.
Understanding what builders are required to do during this cure period can help you navigate the process more effectively and know whether your builder is following the law.
The CDARA Notice Process: Setting the Stage
Before diving into what builders must do during the cure period, it's important to understand how the process begins. Under C.R.S. § 13-20-803.5, you must send your builder a written notice of claim at least 75 days before filing a lawsuit (90 days for commercial properties). This notice kicks off a carefully structured process designed to encourage resolution without litigation.
Your notice of claim must be sent by certified mail or personal service and should describe the construction defects you've discovered. This formal notice triggers specific obligations for both you and the builder.
What Happens After Your Builder Receives the Notice
Once your builder receives your notice of claim, they have the right to request access to inspect your property. According to the statute, builders can make a written request for "reasonable access to the claimant's property during normal working hours to inspect the property and the claimed defect." This inspection must be completed within 30 days of when you served the notice of claim.
As a homeowner, you're required to provide this reasonable access. The builder may bring contractors, engineers, or other professionals to assess the alleged defects. While this might feel intrusive, it's a necessary part of the process that allows the builder to understand the scope and nature of the problems.
The Builder's Response Options During the Cure Period
After completing their inspection, builders have specific timeframes and options for responding to your claim. C.R.S. § 13-20-803.5(3) gives builders 30 days after completing their inspection (45 days for commercial properties) to send you an offer to settle the claim.
Option 1: Monetary Settlement Offer
The builder may choose to offer you money to settle your claim. This offer must be sent by certified mail or personal service and should specify the exact amount being offered. If you accept this offer, it typically resolves your claim without the need for repairs or further legal action.
Option 2: Offer to Remedy the Defects
Alternatively, the builder may offer to actually fix the construction defects. This is often the more complex option, but it can be beneficial if done properly. When a builder makes an offer to remedy defects, the law requires them to provide you with detailed information, including:
A report describing the scope of their inspection
The findings and results of their inspection
A detailed description of the additional construction work necessary to fix the defect and all damage caused by the defect
A realistic timetable for completing the remedial work
This information is crucial because it allows you to evaluate whether the builder truly understands the problems and has a reasonable plan to address them.
Option 3: No Response
Unfortunately, some builders choose not to respond at all. If your builder ignores your notice of claim, they lose the protection of the cure period, and you can proceed with filing a lawsuit after the statutory waiting periods expire. What happens when a Colorado builder ignores CDARA notice can significantly impact your case and the builder's legal position.
Additional Documentation Requirements
Beyond responding to your specific claims, C.R.S. § 13-20-803.5(3.5) requires builders to provide you with certain documents and information. By the earlier of when they make a settlement offer or 60 days after receiving your notice, builders must give you relevant documents that are within their control, including construction plans, specifications, and other materials related to your project.
This requirement helps ensure you have access to important information that might be necessary to fully understand and address the construction defects.
Your Rights During the Builder's Cure Attempt
If your builder offers to remedy the defects and you agree to let them try, you don't give up all your legal rights. The law recognizes that cure attempts don't always succeed. You maintain the right to pursue legal action if:
The builder fails to complete the remedial work according to the agreed timeline
The remedial work doesn't actually fix the problems
The builder's work causes additional damage
New defects are discovered during or after the cure attempt
Important Timing Considerations
The cure period affects the timing of when you can file a lawsuit, but it also provides important protections. C.R.S. § 13-20-805 specifies that if you send your notice of claim within the applicable statute of limitations period, that limitations period is "tolled" (paused) until 60 days after the completion of the notice process.
This means you don't lose your right to sue simply because the cure period extends beyond when the statute of limitations would normally expire. However, these timing issues can be complex, especially when asserting construction defect claims beyond a builder's one-year warranty.
Your Duty to Mitigate Damage
While builders have specific obligations during the cure period, homeowners also have responsibilities. C.R.S. § 13-20-803.5(1)(b) requires you to mitigate damage caused by construction defects before filing a claim. This means taking reasonable steps to prevent further damage from the defects.
For example, if you have a roof leak, you should take reasonable steps to prevent water damage to your home's interior. However, you don't have to mitigate if the cost would be unreasonable under the circumstances or beyond your financial ability.
When Builders Fail to Meet Their Obligations
Not all builders properly comply with their CDARA obligations. Some common failures include:
Missing the 30-day deadline to respond after inspection
Providing inadequate or incomplete information about proposed remedial work
Failing to request inspection within a reasonable time
Making settlement offers that don't reasonably address the scope of defects
Not providing required documentation
When builders fail to meet these obligations, it can strengthen your legal position and may limit their available defenses if you ultimately proceed to litigation.
The Broader Context of Colorado Construction Law
The cure period requirements exist within Colorado's broader framework of construction defect law, which includes the Colorado Homeowner Protection Act and other consumer protections. These laws work together to balance the rights of homeowners with the interests of builders and the construction industry.
Recent legislative changes continue to evolve this area of law, making it important to work with attorneys who stay current with developments in Colorado construction legislation.
Making Informed Decisions
The cure period can be a valuable opportunity to resolve construction defect issues without the time, expense, and uncertainty of litigation. However, it's also a critical time when important decisions must be made and deadlines must be met.
Some builders genuinely want to fix problems and will work cooperatively during this process. Others may use the cure period as a delay tactic or make inadequate offers hoping you'll accept less than you deserve. Understanding what builders are legally required to do helps you evaluate their responses and make informed decisions about how to proceed.
Getting Professional Legal Help
While this article explains the basic framework of what builders must do during the CDARA cure period, every construction defect case has unique circumstances. The specific facts of your situation, the nature of the defects, the builder's response, and various timing issues can all significantly impact your rights and options.
Construction defect law in Colorado involves complex statutes, technical issues, and significant financial stakes. The decisions you make during the cure period can have lasting consequences for your ability to obtain fair compensation or proper repairs.
If you've discovered construction defects in your Colorado home, don't navigate this process alone. Contact an experienced Colorado construction defect attorney who can help you understand your specific situation, evaluate your builder's compliance with CDARA requirements, and protect your rights throughout the process. Early legal consultation can help ensure you don't miss important deadlines or accept inadequate settlement offers, while positioning you for the best possible outcome whether your case resolves during the cure period or proceeds to litigation.
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