Understanding Express and Implied Warranties in Colorado Construction Contracts

W. Neal Hollington
W. Neal Hollington

Jun 10, 2024

3 minute read

Construction Contracts

In the realm of construction law, understanding warranties is crucial for both contractors and property owners alike. Warranties serve as assurances regarding the quality and performance of construction work. In Colorado, construction contracts are governed not only by express warranties, which are explicitly stated in the contract, but also by implied warranties, which are inferred by law. Let's delve deeper into the distinctions between these two types of warranties and explore the common law implied warranties applicable to construction projects in Colorado.

Express Warranties vs. Implied Warranties

Express warranties are specific promises made by either party in a construction contract regarding the quality, durability, or performance of the work. These warranties are explicitly stated within the contract documents and serve as legally binding commitments. For example, a contractor might expressly warrant that the roof will be free from leaks for five years after completion.

On the other hand, implied warranties are not explicitly stated in the contract but are imposed by law based on the circumstances of the transaction or the parties' conduct. These warranties arise to protect the reasonable expectations of the parties involved in the construction project. In Colorado, common law provides certain implied warranties for construction contracts, ensuring a baseline level of quality and performance.

Common Law Implied Warranties in Colorado Construction Contracts

  1. Implied Warranty of Workmanship: The implied warranty of workmanship in Colorado requires that contractors perform their work in a skillful and workmanlike manner. This warranty implies that the completed construction will meet industry standards of quality and craftsmanship, as well as applicable building and structural codes. If the workmanship is found to be subpar or lacking in quality, the contractor may be held liable for defects or deficiencies. Carpenter v. Donohoe.

  2. Implied Warranty of Habitability: Particularly relevant to residential construction projects, the implied warranty of habitability ensures that the completed structure is suitable for living. This warranty encompasses compliance with building codes, safety standards, and providing basic amenities necessary for occupancy. If a residential property suffers from defects that render it uninhabitable, the contractor may be held responsible for remedying the issues.

Navigating Construction Contracts with Legal Expertise

Given the complexities of construction law and the potential liabilities involved, consulting with a knowledgeable construction contract lawyer in Colorado is paramount. A seasoned attorney can assist both contractors and property owners in drafting comprehensive contracts that clearly define express warranties, as well as in navigating disputes that may arise concerning implied warranties.


In Colorado construction contracts, both express and implied warranties play pivotal roles in defining the rights and obligations of parties involved in construction projects. While express warranties provide explicit assurances regarding the quality and performance of the work, implied warranties establish baseline standards of quality and fitness for purpose. Understanding these warranties and their implications is essential for ensuring successful construction projects and mitigating legal risks. With the guidance of a skilled construction contract lawyer, stakeholders can navigate the intricacies of construction law with confidence.

If you're seeking expert legal counsel for your construction project in Colorado, contact Hollington Law Firm, your trusted partner in construction law matters. We are dedicated to safeguarding your interests and ensuring the success of your construction endeavors.

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.