No one wants to buy a newly built home and deal with unexpected construction issues, such as water leaks, window leaks, roof leaks, or foundation damage.
If you discover any of these issues, contacting a seasoned construction defect attorney in Denver to guide you through the nuances of Colorado’s complicated construction laws is crucial.
“The law around construction defects is particularly complex and changes frequently,” explained award-winning Burg Simpson Shareholder Mari K. Perczak, the practice group co-leader of the Construction Defect Department. “It’s very important for a homeowner to be educated by an attorney in this line of work.”
Perczak has over 30 years of experience representing homeowners and homeowner associations in construction defect claims and litigation across a 40-year career as a trial lawyer.
She discusses Colorado construction defect law, its tight time constraints, common construction defects, and the best advice for homeowners.
Understanding Colorado Construction Defect Law
The Construction Defect Action Reform Act (CDARA) prescribes what types of claims homeowners can bring and what types of damages they can collect.
Real problems, like a roof leak, cracking drywall due to a foundation problem, and ponding around a home, are examples of allowable and protected issues under the statute, Perczak said.
Homeowners must also follow a pre-claims process to properly advise a builder that “we need help.”
Filing this written notice generally pauses the time running and briefly puts the statute of limitations and repose on hold. So, what do these statutes mean for Colorado homeowners?
Statute of Limitations vs. Statute of Repose
The statute of limitations is the period in which property owners must initiate a construction defect claim. It varies from state to state and begins, “after the claim for relief arises.”
A claim “arises” under this statute “when a homeowner either discovers or should have discovered a construction defect.” In Colorado, the statute of limitations is two years.
“When it starts to run, when that clock starts to tick, a lawyer needs to help (a homeowner) do a factual analysis,” Perczak said.
Identifying when the clock starts, pauses, or ends is crucial because if the homeowner files a claim for compensation outside the statute of limitations, it can be barred.
“There’s also a statute of repose, which means you must know you have a problem, and you can’t notice it longer than six years,” Perczak explained. “Some exceptions will get you to eight years — after your home is completed.”
Colorado’s statute of limitations and statute of repose are some of the shortest time limitations in the nation. The strict time constraints and what triggers the clock are also more restrictive in Colorado than in other states, noted Perczak.
These issues pose difficulties for homeowners seeking a legal resolution.
Why Consulting a Construction Defect Attorney in Denver Is Essential
Bringing a notice of claim starts the process. The notice must contain certain elements that might require a homeowner or attorney acting on their behalf to get an engineer or architect to determine what’s going on, document it, and present it in a way that fully protects the owner.
Seeking legal advice from a construction lawyer can help ensure you follow proper timing and steps.
“General practice attorneys may not understand the complexity and the nuances of this,” Perczak said. “Homeowners need an attorney who’s a specialist, somebody who represents homeowners, so their right to require a builder or developer to make or pay for meaningful, permanent repairs is protected down the road.”.
Construction Defect Definition and Types
A construction defect is typically defined as, “a deficiency in the design or construction of a home from a failure to construct it in accordance with the plans, building code and industry standards that has or is likely to negatively impact the home’s performance (like a leaky window or cracked drywall), or creates a risk to the occupant’s life, health or safety.
A patent defect is readily apparent to a trained building professional during an inspection. Examples include:
Cracks in a basement foundation or interior drywall finishes Windows or doors that won’t open and close properly Water stains on the ceiling or around windows and doors A prematurely aging roof, siding, or stucco A building code violationA latent defect exists at the time of construction but isn’t detected until after construction is complete — which may be years. These unseen issues can evolve slowly and cause significant structural damage over time, such as ineffective waterproofing.
Common Construction Defect Cases
Water leaks are the number one construction defect Perczak sees in Colorado home construction claims.
“Water is insidious. Sometimes what causes (a leak) is obvious, and other times it can really be hidden,” said Perczak.
Places where water leaks originate include:
Roofs Windows and doors Penetration points like vents Balcony and deck attachments Where roof lines meet a vertical wallOther construction defects include:
Improper drainage that creates foundation and landscape issues Improper foundation construction or improper drainage, causing foundation movement Drywall cracks due to foundation issuesPerczak urged homeowners to always investigate interior drywall cracks — as they may signal a larger issue.
“Builders love to say, ‘Well, the home is just settling.’ That may or may not be right,” Perczak asserted. “It may be that the foundation is moving more than normal. Just coming in and covering the drywall cracks with a patch or new drywall and paint may cover up the damage. But the underlying foundation problem still exists.”
What Homeowners Should Do
Discovering construction defects is undoubtedly frustrating and understandably alarming.
Perczak advised homeowners to watch for signs of defects and address any concerns without panicking. She also instructed:
Educate yourself. Report problems. Investigate them. Don’t be fearful. Know there is a way to solve the issues.“Keep in mind, a verbal promise that the builder is going to take care of it is dangerous, because it may not stop the clock, and it’s going to be he-said-she-said,” Perczak stressed. “It’s much better to have somebody working with you and get those promises in writing so you can enforce them.”
Intrinsic Rewards and Notable Wins
Helping clients find solutions and win their cases carries many intrinsic rewards for Perczak and her Burg Simpson colleagues.
In one Fort Collins arbitration for a community filled with older women, clients were so happy with the outcome that they quilted a blanket for Perczak’s partner’s baby that was born just before the trial.
“That’s a ‘thank you’ you don’t get in many lines of work,” Perczak said.
Another notable win involved unknown leaks in a Colorado housing development with stucco units in a highly desirable location that attracted young professionals with families. Prior to contacting Burg Simpson, another law firm told the plaintiff that they were too late and had no claim.
“The leaks were horrible. They came in through the roof, the area around the windows and particularly from the balconies,” Perczak said. “The professional homeowners living there kept contacting the builder developer. The builder developer kept coming out, making Band Aid type repairs.”
When Perczak and Burg Simpson investigated the developer’s actions, they searched for defects to pause the process and, shockingly, discovered unsafe, deteriorating framing in the stucco around the balconies.
“We knew the other side was going to argue very hard that the homeowners had no rights because it was too late,” Perczak said. “We were successful in overcoming that defense and kept their case on track — it was a very small builder, and there were insurance issues — we navigated those and got them a really good settlement that got the repairs they needed.”
Burg Simpson Delivers Construction Defect Solutions
Burg Simpson is a nationally recognized leader in construction defect litigation. Contact their Denver office at 303-792-5595 to schedule a consultation.
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