Experienced Litigators. Dedicated Advocates.

Experienced Litigators.
Dedicated Advocates.

How can homeowners prove mountain climate construction defects?

On Behalf of | Oct 8, 2024 | Civil Litigation

Homeowners in Colorado’s mountain regions often face unique challenges due to harsh environmental conditions. These conditions can reveal construction defects that might not appear elsewhere. Knowing how to prove these defects and understanding legal options is crucial.

Identifying construction defects

The first step is to spot issues caused by construction defects. Signs include cracks in the foundation, leaks, or problems with insulation. Extreme temperatures and heavy snowfall in mountain climates can make these problems worse.

Collecting evidence

Gathering evidence is essential. Take clear photographs of the defects and keep records of any repairs. Obtain copies of building plans and permits. Hiring a professional inspector or engineer to assess the damage can provide expert testimony.

Understanding Colorado’s construction defect laws

Colorado has specific laws that protect homeowners. The Colorado Construction Defect Action Reform Act (CDARA) outlines the process for addressing these issues. Homeowners must provide written notice to the builder, giving them a chance to fix the problem.

Statute of limitations

Be aware of the time limits for filing a claim. In Colorado, the statute of limitations generally gives homeowners two years from when the defect is discovered but no more than six years after the construction is completed.

Legal recourse options

If the builder does not address the defects, homeowners can pursue legal action. This may include mediation, arbitration, or filing a lawsuit.

Protecting your investment

Taking action to address construction defects ensures the safety and value of your home. Understanding your rights under Colorado law empowers you to hold builders accountable.

Photo of Attorney Phillip A. Geigle

Archives