Protecting Your Interests In Construction Defect Claims
Whether you are building a new home or commercial building or buying an existing property, you expect that it will be in good shape and last for years. Unfortunately, a hidden defect can linger for years before it becomes obvious, leaving you with an extensive repair or correction to the property.
Bradley Devitt Haas & Watkins, P.C., of Golden, can help you fight back against another party’s negligence with a construction defect claim. We also defend builders and subcontractors against construction defect litigation.
What Are Construction Defects?
Legally, the term construction defect refers to a physical flaw in a building that endangers people or compromises the structure’s value. A defect can fall into one of four categories:
- Design defects: A design defect occurs before construction begins. An error by an architect or engineer can lead to a serious structural defect.
- Construction defects: Poor workmanship during construction can stay hidden for a while, but it will eventually lead to issues like a cracked foundation, leaky plumbing or electrical problems.
- Defective materials: Even when the construction workers do a good job, they may be working with substandard materials that result in defects down the line.
- Subsurface defects: Every building needs a solid foundation that accounts for soil conditions. Cracks, shifting and flooding can occur when the foundation is improperly laid.
To have an actionable claim, a defect cannot result from regular wear and tear over the years.
When Can You Sue A Homebuilder For Construction Defects?
The law that governs construction defect lawsuits is the Construction Defect Action Reform Act (CDARA). Under the CDARA, you must demonstrate that there is a flaw in the construction of a piece of real property that resulted in injury or damages. Some common examples include:
- Roof defects
- Exterior or siding defects
- Structural defects
- Water intrusion
- Window defects
- Collapsing or expanding soil
- Substandard workmanship
- Substandard materials
In Colorado, you must file a claim within two years of discovering the construction effect or within six years of the project’s completion. If you miss these deadlines, you forfeit the right to file a lawsuit and recover compensation for your damages.
Experience Proving Complex Construction Defects
Construction litigation often involves multiple parties such as the contractor, subcontractors, real estate agents, buyers and sellers. Years can pass before a defect becomes obvious. Proving that a defect exists can be highly technical. Our attorneys have extensive experience representing clients in construction defect cases. We will untangle the evidence and work on your behalf to achieve a fair settlement or trial verdict.
Also Handling Defect Claims From The Defense Side
Additionally, construction defect litigation often draws in subcontractors or suppliers. You will need excellent legal representation to protect their interests. Our construction defect lawyers have extensive experience defending subcontractors and suppliers.
Discuss Your Situation With Our Team
To schedule a consultation with one of our lawyers about your construction defect matter, call our firm at 303-552-2615 or get in touch with us via email. We serve Jefferson County and the entire Denver metropolitan area.