Colorado gives homeowners real remedies for defective work, but only if you follow the required steps in the right order and inside the deadlines. We handle the notice process, the expert inspections, and the negotiation or litigation that follows.
A Colorado construction defect lawyer does two things at once: proves the work was defective and protects your claim from the procedural traps that get cases dismissed. Colorado requires you to notify the contractor and give them a chance to respond before you can file. Skip that step and your case can be stalled or thrown out no matter how bad the workmanship was.
At Flatiron Legal Advisors, we represent homeowners against builders, general contractors, remodelers, roofers, and landscape and hardscape companies across Colorado.
A defect is work that fails to meet the contract, the building code, the plans, or accepted industry standards, and that causes damage or loss of use.
Common claims include water intrusion, foundation movement and settlement, poor drainage and grading, framing and structural problems, roofing failures, stucco and siding defects, window and door installation problems, deck and railing failures, and mechanical or electrical work never done to code.
A large share of Colorado disputes come out of improvement projects on homes people already own, not new construction.
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Colorado has its own roofing statute because hail season attracts bad actors. Under C.R.S. § 6-22-103, a residential roofing contract must be in writing and include specific terms, including a rescission clause. Under C.R.S. § 6-22-104, you can cancel within 72 hours after your insurer notifies you in writing that the claim was denied in whole or in part. A roofer also cannot pay, waive, or rebate your insurance deductible.
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Yard work causes more damage than homeowners expect. Bad grading pushes water toward the foundation. Retaining walls fail. Sprinkler and drainage work gets tied into the wrong place.
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The Construction Defect Action Reform Act, C.R.S. § 13-20-801 et seq., governs these cases. Before filing a residential action, you must serve a written Notice of Claim on each construction professional you intend to sue at least 75 days beforehand, and at least 90 days in commercial cases.
The notice must describe the defect in enough detail for the contractor to understand its nature and location. The contractor then gets the right to inspect and to offer either a repair or a settlement. Many claims resolve inside this window, which is exactly why the notice needs to be written well the first time.
Colorado gives you two years from the date you discovered or reasonably should have discovered the defect. Separately, a statute of repose generally cuts off claims six years after substantial completion, with a possible extension to eight years when the defect surfaces in the fifth or sixth year.
Waiting is the most common way homeowners lose these cases. If you have noticed cracking, staining, movement, or moisture, get it evaluated now.
House Bill 25-1272, the Colorado American Dream Act, reshaped parts of this area. Two points matter most to homeowners.
Since August 2025, an HOA needs approval from owners holding at least 65 percent of the votes before starting a construction defect action under C.R.S. § 38-33.3-303.5, up from a simple majority. Any recovery must go toward fixing the defects first.
Starting January 2026, builders of attached multifamily housing can opt into the Multifamily Construction Incentive Program by providing warranties, using independent third-party inspections, and recording a notice of election in the property records. For homes built under that program, claims are limited to defects that cause actual damage, create a safety risk, or amount to a system failure. We check the chain of title early, because whether your builder opted in changes the strategy.
Builder contracts often bury waivers and damage caps. In residential cases, C.R.S. § 13-20-806 makes an express waiver or limitation of your rights under CDARA or the Colorado Consumer Protection Act void as against public policy. A settlement you sign after a claim has already accrued is treated differently. Before you sign anything a contractor puts in front of you, have it reviewed.
Technical fluency. These cases are won on causation. We work with engineers and building consultants and read their reports critically.
Litigation and resolution both. Many contracts push these disputes into arbitration or mediation. We are comfortable in both forums and will tell you which one serves you.
Coordinated. Defect claims touch insurance, real estate, HOA governance, and civil litigation. Our team handles the whole file.
Lee Gelman has been practicing law since 1989 and focuses on real estate, construction, contract, and HOA matters at Flatiron Legal Advisors.
Mr. Gelman holds a Geology degree with a concentration in Civil Engineering from the University of Vermont and received his J.D. from Chicago-Kent College of Law. That technical background is unusual among construction lawyers and useful in cases that turn on soils, drainage, and structural performance.
After law school he joined the United States Department of Justice’s Environment and Natural Resources Division, where he prosecuted individuals and companies under federal environmental laws including Superfund, the Clean Air Act, the Clean Water Act, and RCRA. He later managed a law firm in the Colorado high country before building his own practice representing individuals and companies in real estate, construction, and contract matters. He also maintains a private practice in mediation and arbitration.
Bring us the contract, the photos, and any correspondence with the contractor. Schedule a confidential consultation and we will tell you whether you have a claim worth pursuing and what the notice process will require.
You have to give them the opportunity. You do not have to accept a repair offer you believe is inadequate. Refusing a reasonable offer can affect your recovery, so evaluate it with counsel before responding.
Colorado licenses electricians and plumbers at the state level. General contractor licensing is handled by cities and counties, so requirements vary by jurisdiction. An unlicensed or improperly permitted contractor may face additional exposure.
Generally the cost to repair the defect, related losses such as loss of use, and diminished value where it applies. CDARA defines these categories, and damages like emotional distress are not the focus of these claims.
Often yes, though the clause can sometimes be challenged, and a residential waiver of your statutory rights is void. We review it before deciding how to proceed.
Do not ignore it. A lien clouds your title and can lead to foreclosure. Lien claims carry strict deadlines and formal requirements, and defects in the filing are often grounds to challenge it.
Usually not. Standard policies typically exclude defective workmanship, though resulting damage is sometimes covered. We review the policy alongside the claim.
