Poor Workmanship

Colorado's housing shortage has created a perfect storm for construction problems. The significant lack of skilled tradespeople means projects are often rushed, corners get cut, and poor workmanship becomes all too common. In fact, the Colorado Attorney General's recent survey found that suing a contractor for poor workmanship was the second most common consumer complaint in the state.

For most people, buying a new home represents their largest life investment. Discovering construction defects in your new home can be overwhelming and distressing. If you're facing these issues, consulting with an experienced construction defect lawyer is crucial for understanding your legal options.

Understanding Construction Defects

What Qualifies as a Construction Defect?

A "construction defect" refers to any condition in a property that fails to meet generally accepted standards in the construction industry. These standards are typically defined by:

• The construction contract terms

• Local building codes (usually based on the International Building Code)

• Industry best practices

Patent vs. Latent Construction Defects

Colorado law recognizes two main categories of construction defects:

Patent Construction Defects are easily identifiable by a trained professional during a site inspection. Common examples include:

• Large cracks in the foundation

• Prematurely aging roofs

• Faulty plumbing or electrical work

• Building code violations

Latent Construction Defects exist during construction but aren't discovered until after project completion—sometimes taking years to manifest. Examples include:

• Building subsidence (sinking)

• Ineffective waterproofing

• Understrength structural components like joists, I-beams, and roof trusses

Common Construction Defects in Colorado

Based on extensive experience with Colorado construction defect cases, these are the most frequently encountered problems:

Expansive Soils Issues

Colorado, particularly the Denver area, has high concentrations of expansive soils that can cause serious problems:

• Building subsidence and foundation damage

• Slab movement

• Cracked stucco and drywall

• Other structural issues

Learn more about Colorado's expansive soil and your rights as a homeowner.

Roofing Problems

Common roofing defects include:

• Improper sealing of penetrations and transitions

• Inadequate roof slope leading to water pooling

• Resulting leaks and water damage

Windows and Doors

Poor installation often results in:

• Inadequate sealing around jambs and trim

• Water, drafts, and pest infiltration

Balconies and Decks

Design or installation flaws frequently include:

• Inadequate slope directing water toward the structure

• Water damage to surrounding areas

Grading and Drainage

Improper grading can cause:

• Water flow toward the home instead of away

• Foundation leaks and mold problems

• Structural damage over time

For guidance on identifying these issues, read how to spot construction defects in your home.

Colorado Construction Defect Law: CDARA Explained

Overview of the Construction Defect Action Reform Act

The Colorado Construction Action Defect Reform Act (CDARA), codified at C.R.S. § 13-20-801, has governed construction defect litigation and arbitration in Colorado for over 20 years. Understanding CDARA is essential when considering whether it's worth suing a contractor for faulty workmanship.

Who Counts as a "Construction Professional"?

CDARA covers actions against individuals or entities involved in:

• Design, supervision, or inspection

• Construction of any real property improvement

This includes architects, contractors, subcontractors, developers, builders, engineers, and inspectors.

The Notice of Claims Process

Before filing a lawsuit, homeowners must:

1. Provide a Notice of Claim (NOC) to the construction professional

2. Wait at least 75 days (95 days for commercial property) before filing suit

3. Allow for inspection and potential settlement or repair offers

Important Time Limits

Statute of Limitations: Claims must be filed within two years after the defect is discovered or reasonably should have been discovered.

Statute of Repose: Sets an outer limit of six years (extendable to eight years) from substantial completion of construction.

For more details, see our guide on understanding statutes of limitations for construction defect claims.

Required Documentation

Claimants must file an initial list of alleged defects, which can be amended as new defects are discovered. The NOC process must be followed for each newly discovered defect.

Damage Limitations Under CDARA

CDARA limits damages to the lesser of:

• The property's fair market value without the defect

• The replacement cost

• The repair cost

• Plus related costs

Additional damages may be available under the Colorado Consumer Protection Act for bad faith conduct by construction professionals.

How a Colorado Construction Defect Lawyer Can Help

Navigating Complex Legal Requirements

The CDARA process and construction defect litigation can be complex and time-consuming. A qualified construction defect lawyer can:

• Help you understand your specific situation

• Guide you through legal requirements

• Work toward an effective resolution of your claim

• Ensure proper documentation of construction defects

Understanding Your Legal Options

If you've discovered construction defects in your property, you have several potential paths forward. An experienced lawyer can help you evaluate which approach makes the most sense for your situation.

Next Steps for Homeowners

Discovering construction defects can be stressful, but you have legal protections under Colorado law. Understanding your rights and the proper procedures under CDARA is the first step toward resolving these issues.

If you're dealing with construction defects in your Colorado property, consider scheduling a consultation with a qualified construction defect lawyer to discuss your legal options and determine the best path forward for protecting your investment.