Colorado's Expansive Soil and Your Rights as a Homeowner
If you're new to Colorado, you may have noticed something distinct about Colorado's earth—it expands when wet. This phenomenon is due to the presence of bentonite, an absorbent clay that swells when saturated with water and contracts when dry. While this may seem like a natural quirk, it poses significant challenges for homeowners, especially when it comes to construction.
The Impact of Expansive Soils
The expansive nature of Colorado's soil can exert considerable force, capable of lifting buildings several inches or even feet. This presents a major concern for homeowners, as it can lead to a range of damages, from minor cosmetic issues like cracks in concrete or drywall to catastrophic structural failures.
Warning Signs for Homeowners
Identifying the warning signs of expansive soil damage is crucial for homeowners. Some common indicators include:
Doors or windows that are difficult to operate or no longer latch properly
Separation of cabinets or molding from walls, floors, or ceilings
Diagonal drywall cracks, particularly near windows, doors, or load-bearing structural components
Movement or cracking of foundations, sidewalks, driveways, or other concrete structures
Navigating Legal Protections
The costs associated with addressing expansive soil damage can be substantial. Fortunately, Colorado has implemented various standards and laws aimed at protecting homeowners from bearing these expenses alone.
Pre-Construction Safeguards
Builders are required to follow construction designs recommended by licensed geotechnical engineers for specific properties. While options vary in cost, those that effectively mitigate risks associated with expansive soils tend to be pricier. Unfortunately, some builders opt for cheaper designs, prioritizing profit over long-term stability, which increases the likelihood of soil-related issues for homeowners.
Soil Disclosure Requirements
Colorado law mandates that builders and developers disclose any known material defects or conditions that could affect the property's value or desirability, including soil conditions such as expansive soils. Under Colorado Revised Statutes 6-6.5-101, developers must provide buyers with information about the type of soil present on the property, any known soil-related issues, and any steps taken during construction to mitigate the risks associated with expansive soils. Further, Colorado real estate disclosure law holds that "home sellers owe home buyers an independent duty to disclose latent defect of which they are aware." In re Gattis v. McNutt*, 2013 COA 145, ¶2. Failure to disclose soil conditions could result in legal repercussions for sellers, builders, or developers.
Post-Construction Rights
Colorado law extends protections to homeowners even after construction is complete. If a builder's negligence or a defective design leads to soil movement and subsequent damage, homeowners have recourse. Builders can be held accountable for repair costs, and they must disclose any risks associated with expansive soil and design.
Time Limits and Your Rights
It's essential for homeowners to act promptly if they suspect expansive soil damage. There's a limited window of time to invoke your rights under Colorado law. Once this period expires, homeowners may find themselves solely responsible for repair costs.
Conclusion
Navigating the complexities of Colorado's expansive soil and construction laws can be daunting, but you don't have to face it alone. If you believe your property has been damaged due to expansive soil, Hollington Law Firm is here to help. If you are a Colorado homeowner looking fora a construction defect law firm, contact us for a free, confidential investigation, and let us guide you through your legal options.
By understanding your rights as a homeowner and accessing the appropriate legal support, you can protect your investment and ensure the long-term stability of your Colorado home.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.