Legal View s
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Value of Pur suing Const r uct ion Defect
If your home has construction defects, you may be tempted to make the fixes yourself or sell your home. It may seem that these are your best options. However, in most instances, it is likely in your best interest to try pursuing a construction defect claim.
There are also issues working with the builder to repair the defects. When presented with a request to fix a defect, the home builder will likely aver that a homeowner ?s problem is minor or that the problem will stabilize on its own because the house is ?settling.? Once a homeowner brings the defect to the builder ?s attention, the clock starts ticking on the time limit to sue. If a homeowner is waiting and relying on the builder ?s claims that the problems will be fixed, the time can quickly run out, meaning the homeowner will be barred from ever seeking legal relief on those defects.
A legal action intended to obtain monetary compensation from a negligent builder to fix construction defects typically does not have a greater adverse effect on property values than the existence the defects already have. This is because a homeowner has the responsibility of disclosing to prospective buyers the presence of known defects in the property, especially defects that are not readily detectable by a purchaser.
Bringing a construction defect lawsuit has tight time restrictions, so early consultation with an attorney is crucial to learn your legal rights and applicable deadlines. Complexities in the Colorado Defect Action Reform Act (CDARA) and other Colorado laws, as well as the constant changes made by the Colorado General Assembly and Colorado Judiciary, makes attorney consultation imperative. Each construction defect lawyer at JBP is well-versed in the difficulties presented by Colorado?s challenging geological landscape and environmental conditions. JBP?s construction defect lawyers regularly represent homeowners in litigation and arbitration arising from problems before, during, and after the construction process. Before making any decision or speaking with the builder, you should talk to an attorney who can advise you on your options and the best course of action under the circumstances. Contact us at JORGENSEN, BROWNELL & PEPIN, P.C. to arrange an initial case evaluation. 22
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THRIVELocalmagazine.com April 2020
