Over the last two decades, homeowners, contractors, their insurers and attorneys have seen the rise and decline of construction defect litigation. The increase in population in the Rocky Mountain states, with the inevitable need for housing, has caused the construction industry to monitor construction defect cases with a watchful eye. As the economy tightens and shortcuts are taken, litigation increases. As these cases have become more common, an increased amount of time and resources are required in order to address numerous construction defect claims initiated by homeowners, homeowners associations, condominium complexes and apartment building owners. Liability theories contained within such cases have varied widely and have increased in number over recent years stemming from the obvious theories such as negligence, breach of express and implied warranty, nuisance and to the not so obvious theories of fraud, inverse condemnation, and negligent and intentional infliction of emotional distress.


Colorado has passed the Construction Defect Action reform Act that is intended to minimize litigation by allowing a “construction professional” the opportunity to correct a defect before litigation commences. The Act also sets forth certain requirements that must be met in order for a lawsuit to proceed, such as creating a defect list that must be provided to the court and the “construction professional”.

While construction defect cases tend to follow established patterns, each case is unique and requires skillful handling by experienced attorneys. Our firm has the experience to handle all types of construction defect litigation.