When Builders Cut Corners, You Deserve a Trial Lawyer in Your Corner

Colorado homeowners and property owners put enormous trust in the contractors, developers, and subcontractors who build and renovate their properties. When that trust is violated through defective workmanship, code violations, or faulty materials, the consequences can range from costly repairs to catastrophic structural failure. At The Fields Group, we represent property owners throughout Colorado who have been harmed by construction defects — and we take these cases seriously enough to go to trial when the other side won't offer a fair resolution.

What Counts as a Construction Defect in Colorado?

Construction defect claims arise when a building or improvement fails to meet the standard of care expected of reasonably competent contractors, engineers, architects, or designers. These defects can be present from the moment construction is complete or emerge over time as problems worsen and become visible.

 

Common construction defects we handle include:

 

  • Foundation failures, settling, and structural instability
  • Roof defects, leaks, and improper drainage
  • Water intrusion and moisture damage from faulty waterproofing or grading
  • Defective windows, doors, or building envelope failures
  • Electrical, plumbing, and HVAC system deficiencies
  • Fire suppression or life-safety system failures
  • Soil and geotechnical problems caused by inadequate site preparation
  • Building code violations and failure to meet permit requirements
  • Defective materials supplied by manufacturers or distributors

Who Can Be Held Responsible?

One of the defining challenges in construction defect litigation is that responsibility is rarely limited to a single party. Colorado law allows claims against multiple parties in the same action, and identifying the full chain of responsibility is essential to recovering the full extent of your damages.

 

Potentially liable parties in a construction defect claim include:

 

  • General contractors and project managers
  • Subcontractors in specific trades (framing, roofing, plumbing, electrical, concrete)
  • Architects, engineers, and design professionals
  • Developers and homebuilders
  • Manufacturers and suppliers of defective materials
  • Inspectors who failed to identify code violations

 

We investigate each case thoroughly to identify every party whose negligence or breach contributed to the defect — not just the most obvious target.

What Colorado Law Says About Construction Defect Claims

Colorado has specific statutes that govern construction defect claims, including notice requirements and deadlines that can affect your right to recover. The Colorado Construction Defect Action Reform Act (CDARA) establishes procedural requirements that apply to many residential construction defect claims, including mandatory notice to the contractor before filing suit.

 

Under Colorado's statute of repose, most construction defect claims must be filed within six years of substantial completion of the construction — or within two years of when the defect was discovered or should have been discovered, whichever comes first, subject to an absolute outer limit. These deadlines are strict, and waiting too long can permanently bar your claim regardless of how serious the defect is.

 

If you suspect a construction defect, the time to act is now — not after the damage worsens or the deadline passes.

The Difference Between a Settlement Mill and a Trial Firm

Many personal injury and property damage firms settle cases quickly to move volume. Construction defect cases require a different approach. Contractors, developers, and their insurers know which firms will push cases to verdict and which ones will fold at the first lowball offer.

 

We are trial lawyers. Doug Fields has 36 years of litigation and trial experience in Colorado courts, including the Jefferson County Courthouse. When the other side refuses to acknowledge the full scope of your damages, we are prepared to present your case to a jury. That credibility changes how the opposing side approaches settlement negotiations from the beginning.

What Your Construction Defect Claim May Recover

Depending on the nature and extent of the defect, a successful construction defect claim in Colorado may recover:

 

  • Cost of repair or remediation to bring the property to its warranted condition
  • Diminution in property value if the defect cannot be fully remediated
  • Loss of use and additional living expenses during repairs
  • Consequential damages caused by the defect (mold remediation, destroyed personal property, health impacts)
  • In some cases, attorney fees and costs where contract provisions or statutes permit

 

We evaluate each case individually to identify the full scope of recoverable damages — not just the most obvious line items.

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Common FAQs

Frequently Asked Questions About Construction Defect Claims in Colorado

  • How long do I have to file a construction defect claim in Colorado?

    Colorado's statute of repose generally gives property owners six years from substantial completion of construction to file a claim. There is also a two-year discovery rule that runs from when you discovered or should have discovered the defect. These deadlines can overlap and interact in ways that are fact-specific, so it is important to consult an attorney as soon as you identify a potential problem.

  • Does my contractor have to be notified before I can sue?

    For many residential construction defect claims, yes. Colorado's Construction Defect Action Reform Act requires property owners to provide written notice to the responsible contractor before filing suit, giving them an opportunity to inspect the defect and propose a remedy. Failing to follow this process can jeopardize your case. We handle the notice process as part of our representation.

  • What if my home is still under a builder's warranty?

    A builder's warranty does not prevent you from pursuing a legal claim, and in some cases it can actually support your claim by establishing the standard the builder committed to meeting. If the builder is refusing to honor the warranty or offering inadequate repairs, that is a separate basis for legal action.

  • What does it cost to hire a construction defect attorney?

    We handle construction defect matters on a contingency fee basis where the facts support that structure, meaning you pay no attorney fees unless we recover on your behalf. We also front litigation costs, including expert fees, so you are not required to finance the case out of pocket while it proceeds.

  • Can I bring a construction defect claim if I bought the home from someone else?

    In many situations, yes. Colorado law can extend construction defect liability to subsequent purchasers under certain circumstances, particularly for latent defects that were not discoverable at the time of purchase. The specific facts of your purchase and the nature of the defect will determine whether a claim is viable.

  • What kinds of experts are needed in a construction defect case?

    Depending on the nature of the defect, expert witnesses may include structural or civil engineers, geotechnical engineers, roofing specialists, waterproofing consultants, or general contractors with relevant trade expertise. Their role is to establish what the applicable standard of care required, document how it was violated, and quantify the cost of repair or the diminution in value.