Construction Defect Cases In Colorado
Information from Denver and Colorado Springs Construction Defect Attorneys
Generally, construction defects fall under four distinct categories:
(1) Geotechnical and Subsurface Issues
The Hollywood Hills of California have taught us all that understanding a construction site’s geology and then building according to what is under a house could keep it from sliding down a mountain. If subsurface and geotechnical issues have not been addressed your building project may be sinking!
(2) Poor Building/Structure Design Issues
In some case a design for a project just will not work. If the design is found to be flawed in the middle of a project, it can be hard for a builder to give up on it. In some cases refusing to start over can lead to even more problems and delays. Trying to correct a design while in the middle of construction can present many dangerous problems as builders find themselves correcting new design problems presented by these design adjustments.
(3) The Use of Inadequate or Poor Materials
The best design in the world cannot stand the test of time if it is built with poor materials. Rotten wood, poor concrete mixtures, used or damaged construction materials can all spell trouble and lead to construction defect litigation.
(4) Poor Construction Practices by Workers
While a design may be solid, from time to time the crew assembling a building project is not. Perhaps in a hurry, or under budget restraints, a project is rushed and best building practices go unchecked. There may even be unqualified and inexperienced workers on or managing a building site.
Construction Defects by the Numbers
In 2004 Consumer Reports reported that 15% of all new home construction had “serious problems.” That means that over 1 in 6 people that move into a new home will face problems with that home’s construction! A survey completed by Quality Built (a provider in risk management and quality assurance services) concluded that “leading construction defects are mostly the result of failure to follow building code requirements or installation instructions.” The survey listed the top defects for single family homes as (1) building paper and house wrap installation flaws, (2) improper framing around windows and doors, and (3) missing structural straps and connectors.
Colorado Right-to-Cure Statute
In 2007, the Colorado Home Owner Protection Act was signed. This law was passed to protect the rights of homeowners in Colorado. However, a builder does have the right to try and remedy or fix problems associated with construction defects.
Since 2003, the Right to Cure § 13-20-803.5 provides:
“(1) No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professional by certified mail, return receipt requested, or by personal service.”
If you are concerned about problems with a construction project or your home, or have been injured as a result of a construction defect, seek out the council of a Colorado construction defect attorney. You may be able to recover damages, punitive damages, and expenses from the person or company responsible for the construction defect. Please call the Denver and Colorado Springs construction defect attorneys of Buxton & Luther. They can provide you with a free initial consultation and discuss your options with you. Please call toll-free at (800) 435-0586 or email info@buxtonluther.com.
Denver INjury Law Office
7375 East Orchard, Suite 300
Greenwood Village, Colorado 80111
Phone: (800) 435-0586
Fax: (888) 543-0928
Email: Denver@BuxtonLuther.com
Colorado Springs Injury Law Office
1230 Tenderfoot Hill Road, Suite 305
Colorado Springs, Colorado 80906
Phone: (719) 471-2104
Fax: (888) 543-0928
Email: ColoradoSprings@BuxtonLuther.com
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