Understanding Statutes of Limitations for Construction Defect Claims

W. Neal Hollington
W. Neal Hollington

Mar 26, 2024

3 minute read

Construction Defects

In the realm of construction, even the most meticulously planned projects can encounter defects that compromise the integrity and safety of a structure. For homeowners and property developers alike, navigating the legal landscape surrounding construction defects is essential for protecting their investments. In Colorado, understanding the statutes of limitations governing construction defect claims is paramount to ensuring timely action and securing rightful compensation. In this comprehensive guide, we delve into the intricacies of these statutes, emphasizing the critical importance of swift legal recourse when faced with construction defects.

Understanding Construction Defects:

Before delving into statutes of limitations, it's crucial to grasp the concept of construction defects. These defects encompass a broad range of issues that compromise the structural integrity, safety, or functionality of a building. From faulty foundations and water infiltration to electrical wiring and plumbing deficiencies, construction defects can manifest in various forms and severity levels. Identifying these defects early on is essential for mitigating potential damages and addressing them through legal channels. For an in depth review of common construction defects in Colorado, head over to our article Common Types of Construction Defects.

Statutes of Limitations in Colorado:

Colorado, like many other states, imposes statutes of limitations on construction defect claims to regulate the timeframe within which legal action can be pursued. These statutes serve as a safeguard against indefinite liability, providing a reasonable window of opportunity for aggrieved parties to seek redress. Understanding the specific statutes applicable to construction defect claims is vital for ensuring compliance and maximizing the likelihood of a favorable outcome.

In Colorado, the statutes of limitations for construction defect claims are outlined under the Colorado Revised Statutes (C.R.S.). Generally, these statutes delineate two primary timelines:

  1. Statute of Limitations: This refers to the timeframe within which a lawsuit must be filed after the discovery of a construction defect. In Colorado, the statute of limitations for construction defect claims is generally two years, depending on various factors such as the type of defect and the nature of the property.

  2. Statute of Repose: Unlike the statute of limitations, which begins upon discovery of the defect, the statute of repose sets an absolute deadline for filing claims, regardless of when the defect was discovered. In Colorado, the statute of repose for construction defect claims is generally set at six years from substantial completion of the improvement to the property.

It's important to note that these timelines can vary based on factors such as the type of property involved (residential or commercial) and whether the defect constitutes a latent or patent condition. Consulting with experienced legal counsel is advisable to ensure accurate interpretation and application of the relevant statutes.

The Significance of Timely Action:

Timeliness is of the essence when it comes to pursuing construction defect claims. Failing to initiate legal proceedings within the prescribed statutes of limitations can result in the forfeiture of rights to seek compensation. Additionally, delays in addressing construction defects can exacerbate the damage and increase the cost of repairs, further underscoring the importance of prompt action.

By adhering to the prescribed timelines and promptly engaging legal representation, aggrieved parties can:

  • Preserve their legal rights and entitlement to pursue compensation for damages.

  • Prevent the expiration of statutes of limitations, which could bar them from seeking recourse in the future.

  • Mitigate potential losses by addressing construction defects in a timely manner, thereby minimizing further damage and financial liability.

Navigating the Legal Landscape:

Given the complexity of construction defect claims and the nuances of Colorado's statutes of limitations, seeking guidance from an experienced Colorado construction defect lawyer is indispensable. A qualified Colorado construction defect lawyer will possess the expertise and resources to assess the merits of a claim, navigate the legal intricacies, and advocate effectively on behalf of Colorado homeowners.

When selecting legal representation for construction defect matters, consider the following criteria:

  1. Experience: Choose a law firm with a proven track record of success in handling construction defect cases. Experience equips lawyers with the insights and strategies necessary to achieve optimal outcomes for their clients.

  2. Specialization: Opt for a law firm that specializes in housing and construction defects law, as opposed to general practice firms. Specialized expertise ensures in-depth knowledge of relevant statutes, case law, and industry standards.

  3. Resources: Assess the firm's resources, including legal staff, expert witnesses, and technological capabilities. Adequate resources enable thorough case preparation and robust advocacy on behalf of clients.

  4. Reputation: Research the firm's reputation within the legal community and among past clients. Positive testimonials and peer recognition are indicators of competence and professionalism.


In the realm of construction defect litigation, timing is crucial. Understanding and adhering to the statutes of limitations governing such claims is imperative for preserving legal rights and maximizing the likelihood of a successful outcome. By consulting with an experienced Colorado construction defect lawyer and taking prompt action, aggrieved parties can assert their rights, address construction defects, and secure the compensation they deserve. Don't delay—act swiftly to protect your interests and safeguard your investments in the face of construction defects.

If you're facing construction defects and seeking experienced legal representation in Colorado, contact Hollington Law Firm today. We specialize in Colorado construction defect law and are committed to advocating vigorously on behalf of our clients and achieving favorable outcomes. Let us guide you through the complexities of construction defect litigation and help you pursue the justice and compensation you deserve.

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.