CONSTRUCTION DEFECT ACTIONS
Can I sue my builder for poor workmanship?
Yes, our typical clients are homeowners who have purchased a home from a builder, but after they move-in (or even during construction), they begin to notice problems with the way the contractor has built their home.
Construction defects can include a wide range of issues, such as cracks in the foundation, windows not opening as they should, defective construction leading to moisture intrusion at the foundation wall, windows, decks, patios, or other areas. It is impossible to compile an exhaustive list for all the ways construction can go awry.
What we see time and time again is that when confronted with their own defective construction, builders often:
Minimize the problems by offering band-aid fixes;
Offer pitiful amounts of money hoping you will go away;
Completely ignore the homeowners' concerns;
Gaslight the homeowners and attempt to blame or intimidate them, or
"Ghost" them entirely by not responding to their concerns and to seemingly fall off the face of the earth.
If a builder is appearing not to accept responsibility, your best move is usually to reach out to a construction defect attorney to help you understand your rights and what is the best course of action.
We handle construction defect actions throughout Colorado, including the City and County of Denver, Adams County, Larimer County, Broomfield County, Summit County, Grand County, Arapahoe County, Douglas County, Elbert County, Boulder County, El Paso County, Pueblo County, Gunnison County, Pitkin County, Routt County, Eagle County, Weld County, Gilpin County, Clear Creek County, San Miguel County, Ouray County, Montrose County, Delta County.
WHAT ARE SOME COMMON EXCUSES FOR POOR WORKMANSHIP AND WHAT CAN I DO ABOUT IT?
"Well, it passed inspection."
"It's outside of warranty so it's not my problem."
When you start to notice that your home has construction defects, it is extremely common for builders to tell homeowners that their work was sound because "it passed inspection" or "it is outside of warranty so not my problem." These are often trotted out excuses that dupe a lot of homeowners. Don't let that be you.
Builders owe homeowners a duty to build a home in a good and workmanlike manner. When your home has construction defects, your best move is to have a construction attorney evaluate your issues to give you sound advice in planning your next step.
BREACH OF WARRANTY OR BREACH OF CONTRACT
Builder is not following the contract
It is common for builders to offer a warranty for your home. Unfortunately, builders often don't honor their own warranties. After all, the homeowner has already given the builder their money, so you can imagine that coming back to fix your home when you are not paying them more money is not their priority.
It can require litigation to get the builder to honor its own contract. Don't let them get away with not honoring their commitments.
WHAT ARE THE FIRST STEPS IN SUING A BUILDER?
CDARA/Notice of Claim/Demand Letter
Usually, you will want to send a Notice of Claim letter to the builder or contractor as the first step. See C.R.S. 13-20-803.5.
From a homeowner's perspective, this is a great tool to stop the clock on the statute of limitations for some time.
In many cases, a Notice of Claim letter will trigger the contractor to report this potential claim to his insurance company.
During this time, the contractor has 30 days to inspect the defects and then some additional time to offer a repair plan or offer a sum of money.
This is great process in theory, but it usually does not end in settlement. In my experience, builders or insurers usually only offer some pittance hoping you will just go away. If you are wanting to settle for pennies on the dollar, this would be your chance. However, once in a blue moon, you may get a good offer, so you should take it seriously.
Moreover, if you sue the builder without complying with this process, the builder can petition the court and this will effectively pause the litigation so that they can go through this process. Thus, you may as well comply with the Notice of Claim process from the very beginning.
HAVE I WAITED TOO LONG TO SUE MY BUILDER AND/OR WHAT IS THE STATUTE OF LIMITATIONS FOR SUING MY BUILDER?
Don't let this happen to you
If you wait too long to sue a builder for defective construction, you may be time-barred by the applicable statute of limitations. In that case, you may not be able to recover any money for the defective construction -- no matter how serious the problems are with your home or what a great case you may have had.
It is sad and disheartening when someone has substantial and expensive problems with their home, but they have waited too long to sue and now cannot realistically sue a builder with any chance of recovery. They are then left with either a defective home or with the prospect of paying for expensive repairs.
Don't let that happen to you. Determining whether your claims are time barred can be complex. Generally, your claims may be time barred if the builder can prove that you knew of the defects or a manifestation of the defects more than two years before sending a Notice of Claim or filing a lawsuit. There are many variables here and you should consult with a construction defect specialist to help you determine whether you are truly time-barred.
J. Scott Sweeney can help you determine if you still have valid claims or to advise you in how to pause the clock while you figure out what to do.
