Colorado Construction Law:
Frequently Asked Questions
What is a construction professional?
Colorado Law Defines a "Construction Professional" as "an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term "construction professional" shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed."
What Colorado law governs lawsuits against Construction Professionals?
Section 13-20-801 through §13-10-807, named the Colorado Construction Defect Action Reform Act, or CDARA, governs all lawsuits against a construction professional in Colorado. It sets forth the procedure, damages and exceptions, as well as other provisions, of construction defect cases.
What is the procedure for filing a lawsuit for a construction defect?
1. First, your claim must be within the applicable statute of limitations, which may vary depending on your claims. In any event, prior to filing a lawsuit against a construction professional, you must comply with the notice and inspection requirements of the CDARA.
2. Next, you must send a certified/return receipt notice to the construction professional, indicating what defects are alleged, and specifically citing §13-20-803.5 and that the letter is notice pursuant to that statute. You must ensure that the timeline and specific notice requirements set forth in §13-20-803.5 are included in the notice.
3. Once proper notice has been given, and depending on whether the property in question is residential or commercial, the construction professional has a specific period of time in which to respond to the notice, and to request an inspection of the faulty work. If the construction professional does not respond within the timeline given, you may proceed with a lawsuit.
4. If the construction professional does respond, you have a certain number of days in which to reply. If you do not reply at all, any offer of settlement made by the construction professional in their response is deemed rejected.
5. Once the CDARA notice and inspection process is complete, if no resolution is reached, you may proceed with a lawsuit against the construction professional. Remember, though, pursuant to the CDARA, you must still file a list of defects with the Court and opposing party stating what you allege to be defective, within the time period specified by the CDARA.
Will I need an expert witness for my case?
As with all lawsuits, whether you will need the expense of an expert witness depends entirely on the specific facts of each case. Discuss this with any potential attorney, as expert witnesses are expensive, though if needed, they are invaluable.
