Running a hotel In Colorado and elsewhere requires regular maintenance and repairs, and business leaders budget for these expenses. However, when owners of a newly built hotel encounter issues that need repair, these may not be due to normal or regular maintenance needs. Rather, they could be the result of a construction defect. If a defect exists and is caused by a departure from proper building methods, it is possible to file a construction defect claim.
While some defects are easily noticed, others may not be apparent until years after the construction of the hotel is completed. Typically, owners can obtain compensation for repairs and damages, including lost revenue, if the claim is pursued in a timely manner and the evidence related to the claim is preserved.
Colorado law imposes certain time limits on how long one can wait before filing a construction defect claim. The time restrictions for filing a claim typically fall in one of three groups. The first is the statute of limitations. For lawsuits involving something like a car accident, a statute of limitations gives the injured party only a few years before they lose the right to take action. However, construction defects may go unknown for many years, meaning that a typical statute of limitations might expire before the problem became apparent. Instead, generally speaking, the clock starts ticking only after the plaintiff notices the problem. In some situations involving building improvements, Colorado has a somewhat similar law known as a statute of repose.
Finally, another factor that can set time limits is the contract between the builders and the property owners. The contract itself can outline the terms of liability.
While a construction defect may be minor or major, it can have a serious impact on the integrity and function of the building. Whether it is a hotel, business or home, a construction defect can cause significant losses and damages. As such, it is important to understand one’s rights and ability to recover damages through a construction defect claim.