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What if water is getting in my home because of a construction defect?

by | Apr 13, 2021 | Civil Litigation

You built your dream home outside of Denver a few years ago. You specifically had it designed with large windows that offered mountain views on clear days. You intended to make this your forever home and truly enjoy Colorado living.

However, in the last year, you’ve had a number of problems with water intrusion. Not only that, but the water intrusion is causing mold to form. You believe water may be getting your home because of a construction defect. What steps do you need to take now? Will you be able to recoup some of the money you have to pay to fix this problem?

Types of construction defects

Your first task will be having a professional come and evaluate what is causing your water intrusion. To be a construction defect, your water intrusion must be caused by:

  • A structural or design defect. Perhaps, a design defect in your roof is causing the water intrusion or a structural defect in your home’s foundation is allowing water to seep in.
  • A material defect. Maybe your home building contractor installed inferior building materials, such as faulty windows or waterproofing membranes, that are causing the water intrusion.
  • A workmanship defect. Perhaps, the subcontractor who installed your windows didn’t do so properly or your roofer made mistakes when installing the shingles. And now water is entering your home.

Statute of Limitations in Colorado for construction defects

When Colorado homeowners discover construction defects in their homes, they have two years to seek damages in court from contractors, designers or material manufacturers responsible for the defects. If you recently built your home or completed a major renovation, you have six years to discover a construction defect. If you discover a defect in years five or six after your home is built or remodeled, you still get two additional years to seek damages related to fixing the construction defect.

You will need an attorney’s help if you want to recoup damages from a construction defect on your home. You want to have an advocate who will help you reach a fair settlement and help you move forward, so you can fully enjoy living in your home again.

Photo of Attorney Phillip A. Geigle