Colorado Construction Defect Attorney for Homeowners, HOA’s, and Property Owners

When your home or building has cracks, leaks or structural problems the builder won't fix, you need someone who understands both the law and the construction. I represent homeowners, homeowners associations and property owners across Colorado in claims against builders, developers, contractors, subcontractors, design professionals and their insurers.

Before returning to law, I spent eight years owning and running a general contracting and excavation company, and I'm a licensed general contractor. I've also spent years on the other side of these cases defending builders. That means I know how defects happen in the field, how builders and their insurers evaluate a claim, and what it takes to get one resolved.

Types of Construction Defects I Handle

Construction defects generally fall into a few categories. Each page below explains the warning signs, the likely responsible parties and how a claim works under Colorado law.

  • Structural and foundation defects: cracked or heaving foundations, undersized framing, failed beams and shear walls

  • Water intrusion and leaks: failed windows, flashing, stucco, siding and waterproofing that let water and mold inside

  • Expansive soils, grading and drainage: soil movement and water directed toward the home instead of away from it

  • Roofing defects: improper installation, missing underlayment, ice dams and premature failure

  • Concrete flatwork, decks and retaining walls: cracked driveways, failing decks and leaning or collapsing walls

  • HOA and condominium defects: common-element claims for associations and their boards

  • Unfinished, abandoned and defective remodel work: contractors who walk off the job, overbill or leave substandard work behind

How Colorado Construction Defect Claims Work

Most residential defect claims in Colorado are governed by the Construction Defect Action Reform Act, or CDARA (C.R.S. § 13-20-801 et seq.). Before filing suit, a property owner generally has to send the builder a written notice of claim describing the defects. The builder then has a set period to inspect and to offer to repair or pay. If the offer is inadequate, the owner can reject it and file suit.

This process is full of technical requirements and deadlines. A notice that is too vague, an inspection handled badly or a repair offer accepted without a clear scope can undercut a strong case. I handle the notice of claim process from the start so it builds your case instead of weakening it.

Deadlines Matter

Colorado generally gives you two years from when you discover, or reasonably should have discovered, the physical signs of a defect to bring a claim (C.R.S. § 13-80-104). There is also a statute of repose that can cut off claims six years after substantial completion of the improvement, with a limited extension for defects that first appear in years five or six. Waiting to see if a crack gets worse can cost you your claim. If you've noticed a problem, talk to a lawyer now.

What You Can Recover

Depending on the facts, recoverable damages may include the cost to properly repair the defects, resulting damage to other parts of the property, investigation and engineering costs, temporary relocation expenses, and loss of use. In some cases, claims under the Colorado Consumer Protection Act may allow increased damages and attorney fees. Colorado's Homeowner Protection Act of 2007 also limits a builder's ability to use contract fine print to waive a homeowner's rights.

Contingent Fee and Hourly Options

I take construction defect cases on a contingent fee basis when the facts and damages support it, which means my fee comes from the recovery and you don't pay hourly fees out of pocket. For smaller claims, contract disputes or clients who prefer it, I also work on an hourly basis. We'll talk through which arrangement makes sense in your first conversation.

What To Do If You Suspect a Defect

  1. Take dated photos and video of the damage and keep doing so as it changes.

  2. Gather your purchase contract, warranty, plans, inspection reports and any emails or texts with the builder.

  3. Make emergency repairs to stop ongoing damage, but avoid permanent repairs until the defect has been documented by a professional.

  4. Don't sign a release or accept a repair offer before having it reviewed.

  5. Call a construction defect attorney before the deadline runs.

Frequently Asked Questions

What counts as a construction defect in Colorado? A construction defect is a deficiency in the design, materials or workmanship of a building or improvement that causes damage or fails to meet building codes, industry standards or the contract. Common examples include foundation movement, water intrusion, roof failures and drainage problems.

Can I sue a builder if I'm not the original owner? Often, yes. Colorado law allows later purchasers to bring certain negligence claims against builders and subcontractors for latent defects, even without a contract with them.

Will my homeowners insurance cover construction defects? Standard homeowners policies usually exclude the cost of fixing faulty workmanship itself, though they may cover some resulting damage. The builder and its subcontractors' liability insurance is frequently the main source of recovery in a defect case.

How much does it cost to hire a construction defect lawyer? For qualifying cases I work on contingency, so there are no hourly fees out of pocket. Hourly arrangements are available for other matters. Initial consultations are free.

Call 303-409-7529 or use the contact form for a free, confidential case review.