Construction Defects We Handle
A construction defect is any flaw in the design, materials, or workmanship of a home or building that reduces its value, threatens the safety of the people who live or work in it, or costs more to fix than it should have cost to build correctly in the first place. Some defects are obvious the day you move in. Others, especially the ones tied to Colorado's soils, can stay hidden for years before a crack in the foundation or a stain on the ceiling tells you something has gone seriously wrong.
Below are the construction defects we see most often in Colorado homes, townhomes, condos, and commercial buildings, and what each one can mean for your property.
Foundation, Structural & Soil-Related Defects
Colorado sits on some of the most difficult building soil in the country. Expansive (or "swelling") soils contain clay minerals that absorb water, swell dramatically when wet, and shrink again as they dry, a cycle that can generate enough uplift pressure to crack and heave a concrete slab or foundation footing. Locally, this clay is often called bentonite, and it's the cause behind a huge share of Colorado construction defect claims. The opposite problem, collapsible soil, does the reverse: it settles and gives way suddenly once it gets wet, taking foundations, sidewalks, and driveways down with it.
Common signs of a soil or structural defect include:
- Foundation or basement wall cracks, heaving, or settling
- Slab movement, including cracked or uneven garage and basement floors
- Sticking doors and windows caused by a shifting frame
- Interior drywall cracks, especially at corners and above doorways
- Poor foundation design: inadequate piers, caissons, or a slab-on-grade system used where it shouldn't have been
- Missing or improperly installed structural components: shear walls, tie-downs, drag straps, or framing connectors
- Undersized or improperly engineered floor joists, roof trusses, or beams
- Landslides, slope failure, or damage from inadequately engineered retaining walls
Water Intrusion & Building Envelope Failures
The "building envelope" is everything standing between your family and the weather: the roof, siding, stucco, windows, doors, and the flashing and moisture barriers that tie them all together. When any one piece of that system is installed wrong, water finds its way in, sometimes through an obvious leak, more often silently, behind the walls, until it surfaces as mold, rot, or a warped floor.
Defects we handle in this category include:
- Roofing: missing or improperly lapped shingles, inadequate flashing and counter-flashing, ponding water on low-slope or flat roofs, and roofing materials or wind ratings not suited to Colorado's climate
- Stucco and EIFS (synthetic stucco): cracking, improper mixing or curing, missing or defective lath, and EIFS systems installed without the secondary moisture barrier they need
- Siding, brick, and stone veneer: poor weather-barrier installation, improper lapping, loose or cracking veneer
- Windows and doors: leaks caused by missing or improperly installed flashing, defective sealants, or a defective window unit itself
- Sliding glass doors: a frequent, specific source of water intrusion when improperly flashed or installed
- Mold and water damage: often the downstream result of any of the above, appearing in framing, wall cavities, insulation, and finishes
Decks, Balconies & Patios
Decks and balconies combine structural and waterproofing risk in one component, which is why they generate a disproportionate number of defect claims, especially in condo and townhome communities. Watch for standing or ponding water, staining, improperly sloped surfaces, missing flashing at the ledger board, and improper attachment to the main structure. Left unaddressed, these issues can progress from a cosmetic problem to a structural failure.
Grading, Drainage, Concrete & Asphalt
Water has to go somewhere, and if a site wasn't graded to move it away from the building, it will find the foundation instead. Common defects include improper site grading and drainage, leaking or poorly placed irrigation, inadequate sub-base preparation under concrete or asphalt, and cracking or settling of driveways, sidewalks, patios, and parking areas due to faulty installation or the same expansive soils driving your foundation problems.
Plumbing, Electrical, HVAC & Fire Systems
Mechanical defects don't just cost money to fix, they can be a safety issue. This category covers defective or improperly installed plumbing (a common source of hidden leaks and water damage), electrical work that doesn't meet code, HVAC installation problems, and particularly relevant for condos, apartments, and commercial buildings: fire sprinkler system defects and firewall (fire separation) failures between units. In multi-family buildings, inadequate sound transmission control between units is also a recurring, code-related construction defect claim.
Design Errors, Defective Materials & Poor Workmanship
Nearly every defect above traces back to one of three root causes, and it's worth understanding which one applies to your situation:
- Poor workmanship: the most common cause. A general contractor or developer fails to properly supervise subcontractors, or hires the lowest bidder, who cuts corners to make the job pencil out.
- Design errors: less common, but often more expensive to fix. A plan omits a required flashing detail, undersizes a structural component, or gets the foundation design wrong for the soil conditions on that specific lot.
- Defective building materials: a product fails because it wasn't adequately tested, was manufactured incorrectly, or wasn't suited to the application or environment it was used in.
Construction performed without required permits, or in violation of building, zoning, or fire codes, falls into this category as well and can strengthen a claim regardless of which of the three root causes is involved.