Mold & Microbial Contamination

Mold is one of the most serious and distressing problems a homeowner can face. It thrives in damp, enclosed spaces—behind walls, under floors, and in basements or crawl spaces—often growing unnoticed until it has already caused damage and health issues.

In many cases, mold growth is not a maintenance problem but the direct result of defective construction, improper waterproofing, or poor ventilation.

How Mold Problems Develop

Mold and microbial contamination begin with unwanted moisture. When a home is built without proper drainage, waterproofing, or ventilation, even small amounts of trapped moisture can create ideal conditions for mold spores to spread.

Water intrusion from roof leaks, window leaks, or plumbing failures is the most common trigger. However, condensation caused by poor HVAC design or missing vapor barriers can be just as damaging.

The Spread of Contamination

Once mold takes hold, it can colonize framing, insulation, drywall, and carpet padding. The contamination spreads through microscopic spores that travel easily through air ducts and interior air currents.

Beyond the visible growth and odor, mold gradually breaks down building materials and can render areas of the home uninhabitable if left untreated.

Common Signs of Mold or Microbial Contamination

Watch for these warning signs in your home:

• Musty or earthy odors, especially after rain or humidity

• Visible black, green, or white growth on walls or ceilings

• Persistent allergy or respiratory symptoms indoors

• Condensation on windows or in corners of rooms

• Discoloration or soft spots in drywall or flooring

• Warping or bubbling of painted surfaces

While some signs are obvious, the most dangerous mold often grows behind finished surfaces where it cannot be seen.

Why These Problems Occur

In most cases, mold growth is the symptom—not the cause. It points to an underlying construction defect, such as:

• Inadequate waterproofing or flashing around roofs, windows, and foundations

• Plumbing leaks concealed behind walls or under floors

• Improper grading and drainage directing water toward the foundation

• Missing vapor barriers in basements or crawl spaces

• Poorly designed or unbalanced HVAC systems that trap moisture

• Building materials installed while wet during construction

Each of these issues reflects a failure to build in accordance with Colorado's building codes and accepted industry standards.

Who Is Responsible

Under Colorado's Construction Defect Action Reform Act (CDARA), builders, developers, and subcontractors are responsible for ensuring that homes are constructed to prevent moisture intrusion and resulting damage.

When they fail to meet these obligations, homeowners may bring claims for property damage, health impacts, and remediation costs. Liability may also extend to architects, engineers, or product manufacturers if design or material choices contributed to the problem.

Insurance Coverage Considerations

In many cases, mold contamination is also covered under homeowner insurance policies. However, insurers frequently attempt to deny or minimize coverage. Understanding your homeowners insurance coverage for construction defects can help protect your interests.

How Hollington Law Firm Can Help

At Hollington Law Firm, we represent Colorado homeowners dealing with mold and microbial contamination caused by defective construction.

Our Comprehensive Approach

We work with independent environmental and building envelope experts to:

• Identify the moisture source

• Document the extent of contamination

• Determine who is responsible

Our firm guides clients through the legal and technical process of remediation and recovery. This may involve filing claims under CDARA, pursuing bad-faith insurance claims, or coordinating with remediation contractors to ensure safe, lasting repairs.

Our goal is to restore both your home and your peace of mind by holding negligent builders accountable for the damage they caused.

Proving Mold Damage Comes From a Construction Defect

Mold by itself is rarely the case — the case is about the defect that let moisture into the building in the first place. Insurers and builders routinely argue that mold growth reflects ordinary homeowner maintenance issues such as poor ventilation, an overflowing tub, or a stray houseplant. To overcome that narrative, a Colorado homeowner generally has to trace the moisture back to a specific construction failure — a missed flashing, a misinstalled window pan, a stucco system without the required drainage plane — and tie that failure to applicable code, plan, and industry-standard requirements.

Documenting the Moisture Pathway

Because mold remediation destroys the evidence, the most important step is to preserve the scene before any drywall is opened or materials are discarded. That typically means photographing and video-documenting affected areas, performing moisture mapping with calibrated meters, and using infrared thermography to identify cold spots and hidden wet cavities. Where targeted destructive testing is appropriate, it should be done under a written protocol with all parties on notice and the removed materials retained as evidence. Coordinating this work with counsel early on protects the homeowner from later spoliation arguments by the builder or insurer.

Expert Testimony on Causation

Mold cases generally require a team of experts rather than a single witness. A building-envelope or waterproofing consultant explains how the construction was supposed to keep water out and what failed. A mechanical or HVAC engineer addresses pressure, humidity, and ventilation contributions. An industrial hygienist or environmental consultant interprets air and surface sampling and connects the contamination to the moisture pathway the envelope expert identified. This coordinated testimony is what defeats the 'it's just maintenance' defense and ties the mold to a specific, identifiable construction defect.

Colorado Deadlines That Apply to Mold Cases

Timing matters in every mold case for two reasons. First, the physical evidence has a short shelf life — once remediation begins, the proof of how water entered the building usually disappears with it. Second, Colorado law imposes both a statute of limitations measured from discovery of the defect and a statute of repose measured from substantial completion of the project. Waiting to investigate can shorten the available window dramatically, and in some cases close it altogether before suit can be filed.

CDARA Notice of Claim and Pre-Suit Process

Before a homeowner can file suit against a residential builder or developer in Colorado, the Construction Defect Action Reform Act (CDARA, C.R.S. §§ 13-20-801 to 13-20-808) generally requires a written notice of claim describing the alleged defects and giving the construction professional an opportunity to inspect, test, and respond with an offer to repair, settle, or deny. The pre-suit process has its own time periods and procedural requirements, and missteps can delay or jeopardize a claim. Because mold investigations often have to start quickly to preserve evidence, it is important to coordinate the CDARA notice with the inspection and testing plan from the outset.

Statute of Limitations and the Discovery Rule

Colorado's construction defect statute of limitations runs from the time the homeowner discovers — or reasonably should have discovered — the defect, not from move-in or from the date construction was completed. A separate statute of repose places an outer time limit measured from substantial completion of the improvement, regardless of when the defect surfaces. Hidden mold cases sit right at the intersection of these two rules: the homeowner often does not know about the underlying defect until visible damage or odor appears, which is exactly when the limitations clock typically begins to run. Acting promptly once symptoms appear is essential to preserving the right to recover.

Contact Us

If you have discovered mold or persistent moisture in your Colorado home, contact Hollington Law Firm to schedule a consultation. We'll help you identify the source of the problem, understand your rights under Colorado law, and take action to ensure your home is safe, dry, and habitable again.