A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Colorado, construction defects are addressed under the Colorado Construction Defect Action Reform Act (CDARA). This legislation outlines the definition of a construction defect, the standards for construction professionals, and the process for homeowners to seek remedies for defects. A construction defect in Colorado is typically considered a flaw in the design, workmanship, or materials that leads to a failure in some aspect of the building or structure, and does not meet the reasonable expectations of the owner or the industry standards. The CDARA requires homeowners to follow certain procedures before filing a lawsuit, including providing notice to the contractor and allowing an opportunity to inspect and repair the defect. Additionally, the statute of limitations and repose periods dictate the timeframe within which an owner must bring a claim for a construction defect. It is important for homeowners and construction professionals to understand their rights and obligations under this law, and they may wish to consult with an attorney for specific legal advice regarding construction defects.