CONSTRUCTION DEFECT ATTORNEY
J. SCOTT SWEENEY

This law firm specializes in construction defect litigation. We can provide you the best advice possible for your construction defect claim. If you are a homeowner or an HOA, the builder or contractor may be breaching his contract with you, building your home in a negligent manner, breaching implied warranties at law, or breaching his express warranties made to homeowners.

Or, if you are a contractor, builder, or developer, someone may be refusing to pay for your work or alleging that your work is defective and/or late. They may have breached their contract with you or the work you have done may not be negligent at all. This firm can file mechanic's liens to help you get paid or give you advice on how to respond to a complaint about your work.   

As the founding member of the firm, J. Scott Sweeney has represented homeowners and contractors in a wide range of construction defect litigation and real estate litigation all over Colorado. The firm's primary practice area is construction defect litigation.  J. Scott Sweeney focuses his law firm on construction disputes. He's an experienced construction defect attorney with all the background and skills to help you.

​

Disputes with builders or contractors often involve a breach of their contract with the homeowner. In addition, it is common for builders to be negligent in their construction. Similarly, architects and engineers can unfortunately provide you with a defective design. 

Contractors owe you a "duty" at law to build your home in a good and workmanlike manner. When they don't do that, you may have a claim to recover the cost to repair your home if their negligent work has caused damage, will cause damage, or likely to lead to damage.

Moreover, the law here in Colorado provides implied warranties to you as a homeowner. What's an implied warranty? It is an underlying promise to build your home in a workmanlike manner and that it be habitable or suitable for its intended purpose. Because I formerly represented exclusively builders, I know for a fact that many builders and their insurance companies loathe this law and would like nothing more than for our courts to change it. You may notice that in your very own contract with your builder that his or her company has tried to get you to waive those implied warranties in the contracts with you. 

What you may not know is that our Colorado legislature considers those attempts at waiving your implied warranties to be void as against public policy under the Homeowner Protection Act. One of the great things about this implied warranty is that the only thing you need to prove is that a component of you construction is defective, in violation of the building code, inconsistent with the installation instructions or other specifications.  Even if the builder tried to claim that this is the way everybody does it and it is not a violation of the standard of care owed to you, the builder can still be liable for breach of an implied warranty.  You need to keep in mind these implied warranties are not always available in all circumstances. It will depend on if the builder was the seller of the property to you and other factors.  

​

For contractors who are not being paid by other contractors or homeowners, this firm can provide practical advice to you in how to get paid or defend actions made against you and your company.

​

Get in touch and talk about your options. This firm does not charge for an initial consultation.