A construction defect is any component of a home, building, or community that was not properly designed or built in accordance with the approved plans, specifications, applicable building codes, manufacturer's installation instructions, or accepted industry standards. Defects are typically identified through physical damage, things like water intrusion, cracking, or structural movement that results from a contractor's improper work or a designer's error. Construction defects also include the improper grading and compaction of soils, which can result in soil movement that damages the structures built on top of them.

Colorado homeowners, homeowner associations, and property owners must file a construction defect lawsuit within a legally prescribed time period defined by two separate deadlines, the statute of limitations and the statute of repose.

The statute of limitations gives your community two years from the date a defect or associated damage is discovered or reasonably should have been discovered to file a claim. The statute of repose sets an absolute outer boundary: no construction defect claim can be brought more than six years after the substantial completion of the construction, regardless of whether the defect was visible or hidden. If a defect is discovered in the fifth or sixth year, this window can be extended to eight years in some circumstances.

These deadlines are among the shortest in the country, and missing them means permanently losing your community's right to recover, even if the builder's liability is clear. We strongly recommend consulting with a construction defect attorney as soon as you suspect a problem, rather than waiting to gather more evidence or see whether the issue worsens.

These time frames are some of the shortest in the country. Therefore, we highly recommend consulting with an attorney to ensure you are protected and that your time to file a claim will not lapse.

Construction defects can present in many ways, and some of the most serious ones are not immediately visible. Common signs include significant stucco or exterior cladding cracks, window and door leaks, interior drywall cracking in patterned formations, cracked or deteriorating concrete flatwork, dry rot in decking or framing, missing or inadequate insulation, poor site drainage, standing water near foundations, and visible soil movement or foundation settlement.

In Colorado specifically, foundation cracking and heaving caused by expansive clay soils is one of the most frequently encountered defect types and one that is often misdiagnosed or dismissed as normal settling when it is actually the result of a builder's failure to properly engineer the foundation for local soil conditions. If your community is experiencing any of these issues, contact us for a free evaluation before drawing any conclusions.

The honest answer is: you may not know until a qualified legal and technical team evaluates your property. What looks like routine wear and tear is sometimes the surface symptom of a serious underlying defect and what seems like a major problem is occasionally outside the scope of a viable legal claim. The only reliable way to find out is through a proper investigation.

Hearn & Fleener offers a complete, no-cost, no-obligation on-site inspection, legal research review, and written report for Colorado property owners and HOA communities. We will give you a clear, honest assessment of what we find and what your legal options are. We strongly encourage you to reach out before Colorado's statute of limitations or statute of repose deadlines pass because once those windows close, your community's right to recover is gone permanently.

In Colorado, responsibility for construction defects typically falls on the construction professionals involved in your property's development, a broad category that can include the primary developer, general contractor, subcontractors, architects, and engineers. Our role is to identify every responsible party, trace their insurance coverage, and hold their carriers accountable for the full cost of repair. In many cases, multiple parties share liability, which is why a thorough investigation of construction records and contractor relationships is such a critical part of our process.

The statute of repose is the absolute outer deadline for filing a Colorado construction defect claim and it is one of the most important legal concepts for any HOA board or property owner to understand. In Colorado, you generally have six years from the date your property was substantially completed to file a claim.

If a defect is discovered in the fifth or sixth year, the window can be extended to eight years in some circumstances. Once this deadline passes, your community loses its right to pursue the builder entirely regardless of how serious or obvious the defect may be. This is why early action matters so much, and why we encourage any community with concerns to contact us for a free evaluation as soon as possible.

The Construction Defect Action Reform Act, commonly known as CDARA, is the Colorado law that governs how construction defect claims are handled from start to finish. Among its key requirements, CDARA mandates that a property owner or HOA send a formal Notice of Claim to the builder before filing a lawsuit. Once that notice is delivered, the builder has a specific window of time to inspect the property and respond, either with an offer to repair the defects, a monetary settlement offer, or a denial of liability.

Understanding CDARA's procedural requirements is essential to protecting your community's rights, and failing to follow them correctly can jeopardize an otherwise valid claim. Our attorneys have navigated CDARA on behalf of hundreds of Colorado communities and know exactly how to use its framework to your advantage.

Colorado's Front Range sits atop some of the most expansive clay soils in the United States, a type of soil geologists call bentonite. Bentonite clay swells dramatically when it absorbs water and shrinks just as dramatically when it dries out. This constant movement exerts enormous pressure on any foundation or structure built above it.

When a builder fails to properly engineer a foundation for these conditions by not adequately removing or treating the expansive soil, not correctly floating basement walls, or not managing site drainage to control moisture levels, the result is foundation heaving, cracked slabs, bowed walls, and structural shifting that compounds over time. Expansive soil damage is one of the most common and costly construction defect types we handle in Colorado, and it is frequently misattributed to normal settling by builders who want to avoid accountability.

New Colorado legislation, House Bill 25-1272, introduced significant changes to the construction defect landscape beginning January 1, 2026. Under this law, certain builders may opt into a voluntary program called the Mandatory Claims and Insurance Program (MCIP), which alters the types of damages that can be recovered in a construction defect claim for properties covered under that program.

In Colorado, the Homeowner Protection Act (HPA) prohibits builders from requiring residential homeowners to waive their rights to a jury trial or their rights under CDARA as a condition of purchase. Any contract clause that attempts to strip you of these protections is generally considered void and unenforceable under Colorado law. However, the line between enforceable and unenforceable contract provisions in construction defect cases can be nuanced — particularly in light of recent legislative changes — and the answer may vary depending on when your contracts were signed and what specific language they contain. If you have questions about whether your purchase contract limits your community's legal options, our attorneys can review it as part of our free, no-obligation consultation.

In Colorado, the Homeowner Protection Act (HPA) prohibits builders from requiring residential homeowners to waive their rights to a jury trial or their rights under CDARA as a condition of purchase. Any contract clause that attempts to strip you of these protections is generally considered void and unenforceable under Colorado law.

However, the line between enforceable and unenforceable contract provisions in construction defect cases can be nuanced, particularly in light of recent legislative changes and the answer may vary depending on when your contracts were signed and what specific language they contain. If you have questions about whether your purchase contract limits your community's legal options, our attorneys can review it as part of our free, no-obligation consultation.