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Whether you are a homeowner or commercial buyer who has purchased a new building or a construction professional, the last thing you want to deal with is a construction defect. As experienced construction defect attorneys we understand that these incidents sometimes occur.
We thoroughly understand the laws surrounding these issues and are familiar with homeowner’s insurance, home repairs, construction standards of care, liability insurance, construction contracts, home warranty law, and construction professional negligence.
What are construction defects?
There are various types of construction defects, though the most common cases revolve around the following:
The majority of construction defect claims deal with poor workmanship. If a construction professional, such as a general contractor or developer of a home project, fails to properly supervise subcontractors or lacks an adequate understanding of state building codes, there may end up being construction defects.
In some cases, general contractors hire subcontractors who make the lowest bids in an effort to save money, which often results in unskilled laborers completing work rather than a skilled construction professional. Worse, a subcontractor may cut corners in order to come in on or under budget.
Design mistakes are less common, but they do occur. An example of a design flaw could be a failure to properly design a roof in a way that prevents water penetration, poor drainage, and intrusion.
One of the most common design mistakes that occur in Colorado is the foundation design. In many areas of Colorado, the soil expands under newly dug foundations. If the design did not properly predict this expansion and plan accordingly, an expensive redesign or repair might be necessary.
Construction Defect Action Reform Act, or CDARA
The Construction Defect Action Reform Act (CDARA) determines how legal action is pursued in construction defect cases. The CDARA specifies a person filing a lawsuit for construction defects must complete the following:
- A Notice of Claim Process (NOC), which provides a notice to the construction professional within up to 90 days prior to filing a lawsuit.
- Within 30 days of receiving the NOC, the construction professional will then physically view the claimed defects. After the 30-day period, the professional is granted another 30 days to settle the claim through payment or corrective work.
- The optional acceptance of the offer by the party claiming the construction defects is required within 15 days. However, if the settlement is not reached, the claiming party may then file a lawsuit against the construction professional.
Representation for construction and design professionals
When representing construction professionals and design professionals in a construction defect case, the focus will be on uncovering whether or not there is a defect and, if there is a defect, what caused it. In many cases, there are often multiple parties involved in the design and construction of a structure. Just because someone has been accused of causing a construction defect does not mean they are going to be the liable party.
Representation for homeowners
When representing homeowners who have experienced a construction defect, the goal will be to ensure that they are fairly compensated. There are various types of compensation that a homeowner could be entitled to if they are successful in proving negligence in a construction defect case. While the total amount and types of compensation available will vary depending on the specific factors related to each case, our attorneys regularly help clients secure the following:
- Costs to repair the home or condo
- Recovery of expenses you incurred if you had to move out while repairs were performed
- Possible recovery of attorney fees and court costs
- Possible punitive damages in cases of gross negligence or intentional actions
Why you need a lawyer to represent you in a construction defect case?
Construction defect litigation can be complex and intensive. In most cases it will require extensive investigation and negotiation by both parties. While this can be expensive the damages caused by defects can cost property owners much more. An experienced and skilled attorney working on your behalf can recover the costs for damages resulting from these defects.
Conversely, general contractors and developers who are facing defects claims usually do not have the legal expertise to handle every aspect of these cases. An attorney will be able to focus on the case while the contractor or developer focuses on running their business.