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Steps for filing a construction defect lawsuit

On Behalf of | Mar 2, 2022 | Civil Litigation

A construction or remodeling project is an expensive purchase for most people. You want to make sure the person you hired completes the job correctly. If a defect results from the completed project, you will want to obtain compensation for any damages you incurred.

Under Colorado law, you must follow the process outlined in the Construction Defect Action Reform Act before you can file a lawsuit.

Notify of claim

After discovering a defect, the first step you must take is sending a written notification to the responsible contractor. You must send the notice at least 75 days before bringing any legal action, or 90 days if the property is commercial.

Allow property inspection

After receiving your claim, the contractor has 30 days to inspect the alleged defect. You must allow the builder access to your property for the inspection. Within 30 days of completing the examination, the contractor can offer to remedy the defect or otherwise resolve the dispute. The offer expires if you do not accept the proposed resolution within 15 days.

Proceed with litigation

If the contractor does not propose fixing the alleged defect or you do not want to accept the offer, you can file a lawsuit to seek compensation for your damages. If your contract with the builder has a mediation clause, you will have to go through the mediation process before filing your lawsuit.

If you sustain damages from faulty construction, you should seek recovery through the CDARA. If you do not get a resolution through this process, you may need to file a lawsuit.

Phillip A. Geigle

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