Colorado Construction Defect Attorneys
Protecting your Investment
Ideally, when you want to escape the problems of the day, you go home. Unfortunately, a home which shows signs of construction defects is a source of stress for the homeowners from which there is little escape. At the Law Offices of Murray & Damschen, P.C., We understand how important your home is to you. If you suspect that your home was built poorly or with defective materials, call Murray & Damschen, P.C. today for a free assessment of your case.
The attorneys at Murray & Damschen, P.C., recognize that most home purchasers place a great deal of trust in their builders. They expect the builder to utilize only qualified professionals and subcontractors to construct a home that meets all applicable building codes and industry standards for good construction. They reasonably expect that the builder will use sound construction methods that do not place the purchaser in a position to deal with undisclosed risks of future damages after the sale. Unfortunately, this is not always the case. No matter how good your builder's intentions may have been, defects in design or workmanship can lead to serious damages that endanger your family and your largest financial investment. We are a leading construction defect litigation firm that works to protect the interests of homeowners. We have represented hundreds of Colorado homeowners in lawsuits related to a wide range of residential construction defects.
Even if you are not the original purchaser of your home, you may have rights to pursue a claim against the builder of the home for construction defects. You may also have legal claims against others who may be responsible for your home's problems, such as sub-contractors, engineers and material suppliers.
The developer, general contractor, subcontractors, and designers can all face legal liability for damage from construction defects. In some cases, material manufacturers or suppliers can also have liability for construction defects. However, the developer or general contractor are generally responsible for their own actions, as well as for the acts of their subcontractors. Therefore, homeowners often bring claim against the developer or general contractor, who may then decide to involve others who may be at fault.
We help homeowners identify qualified and experienced construction experts and forensic engineers to evaluate problems, repair alternatives and prepare cost estimates.
Time Limits Impacting Homeowners Claims
Colorado has stringent statutes of limitations and repose that can bar the filing of any claim against a construction professional based on the passage of time. Most people have heard of a statute of limitations, which requires a claim to be brought within a certain time limit after the claim has arisen. In general, homeowners are required to file suit within two years after they first see physical manifestations of a construction defect, even if they do not understand the nature of the underlying defect or the seriousness of the situation. Under this standard, a window leak can start the time limit running even if the homeowner does not understand that the leak is caused by a significant hidden building envelope defect. Courts will sometimes equitably extend the statute of limitations where a homeowner reasonably relies on a builder's promise to make repairs and the builder actually makes some repairs, however, you should always make every effort contact an attorney as quickly as possible, and well before the two year time limit has passed.
Less well known is the fact that Colorado also has a Statutes of Repose for claims to be brought against construction professionals. A statue of repose is different from a statute of limitation in that it sets forth a time limit by which a cause of action must arise. In Colorado the Statute of Repose for claims against a construction professional is six (6) years after substantial completion of the home (usually considered the issuance of a certificate of occupancy.) An exception exists, however, if the manifestation of a defect is discovered during the fifth or sixth year after substantial completion of the home, in which case the owner still have two years after that date to bring the action. Under the statute of repose, the time to bring a claim may expire before the homeowner ever learns of the problem.
Evaluating the impact of the Statute of Repose and Statute of Limitations can be very complicated and fact specific. If you think you may have a construction defect claim, do not delay in contacting a construction defect attorney.
Notice of Claim Process
Before a construction defect lawsuit or arbitration can be filed, Colorado law requires that a homeowner serve a "Notice of Claim" on the builder. This notice provides the builder formal notice of the construction defect. The builder is then given an opportunity to inspect the property, after which he can make an offer to repair the defect or otherwise settle the claim. If the builder offers repairs, he must provide findings and results of his inspection to the homeowner. The process should take no more than ninety days, during which time the statutes of limitation and repose are tolled.
If the Notice of Claim process fails to lead to a resolution, we are prepared to aggressively pursue a lawsuit to its conclusion.
Our goal is to give homeowners the home they were promised and that they thought they were buying. Depending on your case, we handle construction defect matters on hourly, contingency, or a mixed hourly/contingency fee basis. We try to work with you to formulate a fee agreement that serves your needs.
Common Construction Defect Lawsuits
We handle Colorado construction defect law cases that involve anything that can go wrong with the building of a house, including:
Expansive Soils. Much of the soil in the Denver metro area contains clay that can expand when it gets wet. If a builder does not allow for this expansion, or does not follow a soils engineers recomentations in constructing the home, the clay can lift and damage the home. One solution to this problem is to install perimeter drain systems and structural floor systems that leave a crawlspace under the house as a protection from the movement of the soils. Unfortunately, an improperly built drainage or flooring system can lead to additional problems, including mold.
Often, the first signs of serious structural damage can be hairline drywall cracks, cracks in concrete, or sticking doors and windows. Many homeowners first disregard such signs of movement or are told by the builder that they are to be expected in any new home. Don't ignore such signs. If you think that your home may be beginning to show signs of movement, contact our firm.
Building Envelope Defects. Problems with the exterior construction of the home can lead to significant damages. These problems can include leaking roofs, leaking windows and doors, siding and exterior surface failures, and improperly installed vapor barriers or flashing.
Real or Synthetic Stucco (EIFS) Systems. Stucco, or EIFS, if not properly installed or sealed, can allow water to be trapped in the walls of a home, which can rot away at the home's integrity.
Mold and Water Damage. This is one of the biggest problems in defective homes. If a home is not properly sealed on the outside or does not have an appropriate drainage system, moisture can get in and cause mold to grow and can even lead to structural damage. Defective roofing and window sashes can also allow moisture and mold inside a home.
Structural Warranty Claims
Many homes are sold with a 10 year structural warranty provided by a third-party warranty company. This warranty is often transferable to anyone who owns the home within the first 10 years. Therefore, even if the deadlines for filing suit against the builder have passed, you may still have a valid warranty claim that can be a source of significant repairs to your home. While these warranties are often limited to the repair of major structural defects, they can be an invaluable assistance to homeowners who have nowhere else to turn. We have represented hundreds of homeowners in this warranty process and may be able to help you as well. Contact us if you have a potential structual warranty claim.
People we Represent
When it comes to construction defects, we represent:
Using our experience in construction law, we can seek damages on your behalf, including recovery for repair costs and loss of use.
If you find that the construction or design of your home is defective, please contact us. Whether you go through alternative dispute resolution (ADR) or a litigation, we can help you get fair and just compensation.
Contact a Colorado construction defect lawyer for a consultation.
Murray & Damschen, P.C.
1536 Cole Blvd., Suite 335
Lakewood, CO 80401
Phone: (303) 274-7752
Facsimile: (303) 274-7942
The Law Offices of Murray & Damschen, a Professional Corporation represents clients throughout the state of Colorado, serving the people of Adams County, Denver County, Douglas County, Jefferson County, El Paso County, Weld County, Grand County, Larimer County, Summit County, and Arapahoe County. We work in Denver metro area communities such as Golden, Evergreen, Erie, Frederick, Dacono, Boulder, Aurora, Superior, Brighton, Arvada, Thornton, Lonetree, and Centennial.
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