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HOUSING CONSTRUCTION DEFECTS

Colorado law requires that contractors build your 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.


A housing construction defect can refer to any of the following:

 

  • Actual construction failures

  • Defects likely to lead to failures

  • Conditions that does not meet the building code or industry standards

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These problems can arise for any number of reasons:

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  • Cutting corners

  • Trades not coordinating

  • Inadequate supervision

  • Contractor too busy

  • Inadequate design

  • Inadequate supervision

  • Insufficient training

  • Inspection

 

In cases of construction lawsuits, courts typically designate four categories of defects:

Hire an experienced new home construction issues attorney in Denver, CO

Design Deficiencies

Engineers and architects do not always complete their work properly. Design flaws can relate to structures built outside of their specified codes. For example, a poorly designed deck can lead to water intrusion and leaks; a poorly designed foundation could lead to excessive heave or settlement at your home. This could lead to cracks throughout your home and your foundation would not perform as it should have been designed.

Common Construction Deficiencies

Poor workmanship can cause serious construction defects over time. It would be impossible to compile a complete list but the following list contains typical examples:

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  • Improper exterior grading causing water to drain towards Home.

  • Improperly constructed exterior concrete flatwork causing water to drain towards Home.

  • Improperly constructed weather and water resistant barriers allowing water to migrate from exterior grade and concrete flatwork into Home.

  • Improperly constructed and damaged concrete throughout exterior of Home.

  • Improperly constructed and damaged concrete around decks.

  • Improperly constructed isolations joints between dissimilar surfaces throughout Home.

  • Improperly constructed exterior insulation and finish system throughout exterior of Home.

  • Improperly constructed and damaged exterior fascia throughout exterior of Home causing water intrusion into Home.

  • Improperly constructed and damaged exterior soffits throughout exterior of Home causing water intrusion into Home.

  • Improperly constructed and damaged exterior drip edging throughout exterior of Home causing water intrusion into Home.

  • Improperly constructed exterior decking causing water to migrate towards Home.

  • Improperly installed foundation water protection. 

  • Improper installation of roofing system.

  • Water damaged drywall and soffits as a result of the defective roofing system.

  • Improper drip edge installation at fascia.

  • Improper roof venting for cold roof.

  • Support beam not properly centered.

  • Excessively large hole in fascia on the front of the house.

  • Shingle damage from ice dams.

  • Poor workmanship in soffit installation.

  • Poor workmanship in fascia installation.

  • Twisted structural beam improperly set on rafter.

  • Improper roof parameters.

  • Excessive differential movement of basement slabs.

  • Excessive differential movement of foundation.

Material Deficiencies

If your home was constructed with faulty materials, you could face astronomical repair costs or health risks. Defective products could lead to ill-manufactured furnace, for example, can lead to a gas leak, endangering those inside the building.

Expansive soils

In Colorado, there are expansive soils below a lot of homes that makes creating stable foundations tricky. It almost goes without saying that a well-constructed foundation is critical to the structural soundness of your property. If the subsurface is not properly compacted, or equipped for adequate drainage, you will likely encounter issues such as a heaving foundation, settling foundation, or some structural shift. These issues can lead to more expensive repairs.

WHO IS RESPONSIBLE FOR CONSTRUCTION DEFECTS?

Construction defects are all about finger pointing. The general contractor will often blame its subcontractors or the designer. The subcontractors will blame the design or the general contractor. In every case, they always try and cast blame on the homeowner whenever possible.  An attorney experienced in construction defect law can help you establish who is at fault in your case.​

Proving Liability in Colorado Construction Defect Cases

Most construction defect cases are based on contracts between:

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  • The property owner and developer

  • The property owner and the contractor or subcontractors

  • The contractor and their suppliers, architects, and engineers

  • You and anyone involved in building your property

 

These contracts outline each party’s obligations in regard to the planning, design, and construction of your property.

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Construction defect lawsuits can involve:

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  • Negligence

  • Breach of contract

  • Breach of warranty

  • Negligent misrepresentation

  • Negligent repair

  • Fraud

 
Property owners typically file construction defect lawsuits in order to fix the situation and/or receive compensation for the damage done.

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