SUING CONTRACTORS FOR POOR WORKMANSHIP
Can I sue my builder for poor workmanship on my home?
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.
WHAT IS THE FIRST STEP IN SUING A BUILDER FOR DEFECTIVE CONSTRUCTION?
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. This letter describes the construction defects in reasonable detail in order to give the construction professional notice about what is wrong with the construction. Although not necessary by statute, it is helpful to have a third-party construction expert visit your property to help you figure out if your issues rise to the level of a construction defect or not.
In many cases, a Notice of Claim letter will trigger the contractor to report this potential claim to his insurance company. From a homeowner's perspective, this is also a great tool to stop the clock on the statute of limitations for some time.
During this Notice of Claim process, the builder has 30 days to inspect the defects and then some additional time to offer a repair plan or offer a sum of money. There are then some other deadlines and periods of time associated with how long an offer is open and when you can technically file suit.
After the Notice of Claim process is complete, you can file your lawsuit in a suitable venue.