There are many people and businesses in Colorado who decide to build a house or building for their personal lives or business. Others need to make improvements or additions to their existing property. In order to complete these various projects people generally hire various contractors to complete the work. Each contractor has a specific job to do during the projects and it is important that each one does a good job to ensure that the overall project is done correctly.
There are many aspects on these projects that can go wrong though. Defects in a construction project can cause major problems in the building and potentially cause additional problems. The owners of the building will need to fix these construction defects, but there is a process to bringing claims to fix these defects.
Process for filing a construction defect claim
The process must be started within six years of the project being complete and within two years of discovering the defect. Prior to filing a claim, the owner must provide the contractor notice of the defect at least 75 days prior to filing a lawsuit. The contractor needs to be allowed to inspect the defect within 30 days of receiving the notice. The contract has the option to remedy the defect either by fixing it or paying for the repairs by someone else.
If a lawsuit is filed, generally the owner cannot receive more than the actual damages of the defect, which are capped at $250,000. However, the owner may be able to receive more than the actual damages if the contractor did not comply with the claims process stated above.
There are many residential construction projects each year in Colorado and most are done correctly. However, there are times when mistakes are made, which can ruin what can be an exciting time and important undertaking for the owner of the property. The owner of the property should be able to have these mistakes corrected, but there is a process which must be followed to have this done. Experienced attorneys understand the process and how to have the damages fixed correctly and may be able to guide one through the process.