A “construction defect” is a component of construction that was improperly designed and was not constructed in accordance with approved plans, specifications, applicable codes, manufacturer’s installation instructions and/or industry standards. Defects are usually identified as a result of damage to property due to contractors’ improper work. Also included in construction defects are the improper plating and compaction of soils that result in soil movement. The soil movement may result in landslides or damage to structures that sit on top of the soil itself.

Colorado homeowners, homeowners associations, and property owners must file a lawsuit concerning construction defects within a prescribed amount of time, commonly referred to as the “statute of limitations” and “statute of repose.” The statute of limitations states that a community has only 2 years after noticing a problem or associated damage to file a claim. Where the statute of repose states that a construction defect claim cannot be brought more than 6 years after substantial completion of the improvement regardless of if there is a defect that is hidden from view.

These time frames are some of the shortest in the country. Therefore, we highly recommend consulting with an attorney to ensure you are protected and that your time to file a claim will not lapse.

Typical signs of construction defects include but are not limited to significant stucco cracks, window leaks, interior drywall cracks, cracked or breaking flatwork, dry rot, missing insulation, poor drainage, and soil movement.

You can contact Hearn & Fleener for an onsite inspection, meeting and multi-phase investigation concerning a potential construction defect lawsuit at no cost. We are always available to provide you with a free and confidential consultation. Contact us today, before its too late!