Dealing with construction defects in your home is frustrating enough. But when a contractor refuses to make repairs, the situation can quickly escalate. You have rights under Colorado law, and there are clear steps you can take to protect your investment and ensure accountability.
Document the defects thoroughly
Start by gathering evidence. Take detailed photos or videos of the defects from multiple angles. Write down when you first noticed the issue, how it’s affected your home, and any communication you’ve had with the contractor. Keep copies of contracts, plans, warranties, and any inspection reports. Strong documentation helps support your position if legal action becomes necessary.
Notify the contractor in writing
Colorado law requires homeowners to provide written notice of construction defects before filing a lawsuit. Your notice should describe the defects clearly and request repairs within a reasonable timeframe. Send the letter via certified mail and keep a copy for your records. This step may prompt the contractor to respond more seriously.
Hire a licensed home inspector or engineer
To strengthen your case, consider hiring a qualified third party to assess the damage. A licensed inspector or structural engineer can provide an unbiased opinion and identify safety hazards, code violations, or other underlying issues. Their report can be a powerful tool during negotiations or litigation.
Explore settlement options before filing a lawsuit
Many disputes resolve through negotiation, mediation, or arbitration. Mediation allows both sides to reach an agreement with help from a neutral party. Arbitration may be required if your contract includes a clause mandating it. Settling outside court saves time and money, and may lead to a quicker resolution.
File a legal claim if necessary
If the contractor refuses to cooperate or repair the damage, you may need to file a civil lawsuit under Colorado’s Construction Defect Action Reform Act (CDARA). This statute outlines the legal process for homeowners to recover damages related to faulty construction. An experienced civil litigation firm can guide you through this process.
