Construction defects Q and A

Building a home is an exciting, albeit expensive, and stressful process. When all is said and done, the hope is to have a house that is safe, well-built and meets one’s needs/wants. Unfortunately, every year, numerous Colorado residents find construction issues with their homes that lead them to ask questions about construction defects and litigation. Here are some of the top questions asked about this topic.

Question number one: What qualifies as a construction defect? This is any construction-related problem that reduces the value and safety of one’s home. Common defects include faulty drainage, mold, dry rot, electrical issues and structural failure — among many others.

Question number two: Who can be held responsible for such defects? It depends on the problem. It could be the builder, it could be subcontractors, it could be material suppliers, or it could even be the architect or other home designers.

Question number three: Can damages be recovered? Yes, possibly. If one can prove that the problems with the home are the result of construction defects, loss in property value may be recovered, repair costs may be reimbursed or paid upfront, temporary housing expenses may be covered and legal fees may be recouped — among other damages.

Question number four: Is litigation necessary to deal with a construction defect case? Not always. Some of these cases can be settled out of court. Every case is different.

Not all construction defects are immediately apparent. Some take years to show up. Regardless, legal counsel can help Colorado residents decide if pursuing construction defect claims is appropriate. If such action is warranted, one’s attorney will do everything possible to help one achieve maximum compensation for any losses experienced.