Colorado Construction Defect Law Frequently Asked Questions.
Get Answers.
Colorado construction defect law is complicated, and almost no one deals with it until they have to. If you're a homeowner or an HOA board member trying to make sense of it for the first time, you're in exactly the right place. The questions below are the ones we hear most often from Colorado property owners at the very start before they know whether they have a claim, what the process involves, or what their rights are. If you don't see your question here, just ask. .
FAQS
Questions & Answers.
Colorado Specific.
Every answer on this page is written specifically for Colorado law, Colorado deadlines, and Colorado's unique construction challenges. From the expansive clay soils of the Front Range to the snow loads of our mountain communities, these FAQs address the issues that matter here.
Straight Answers.
No legal jargon and no runaround. Just clear, honest answers to the questions Colorado property owners and HOA boards ask us most about construction defect law, written in plain language anyone can understand.
Backed by Experience.
These answers aren't theory. They come from more than 40 years spent on construction defect cases and nothing else with over 250 Colorado communities represented, and more than $450 million recovered for property owners across the state.
Still Have Questions?
If your question isn't answered here, reach out anytime. Our consultation is always free, always confidential, and comes with no obligation of any kind, so there's never a reason to wonder where you stand. Call us at (303) 993-6835 or email info@hearnfleener.com, and we'll be glad to help.
You do not have to figure this out alone. The answers below will help you understand your rights, your deadlines, and your options under Colorado law.
General FAQs
FAQs.
Got questions? We’ve got answers. Here’s everything you need to know about working with us.
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A construction defect is any part of a home or building that wasn’t designed or built the way it should have been, meaning it doesn’t match the approved plans, the building codes, the manufacturer’s instructions, or the standards the industry expects. Defects usually show up as physical damage: water getting in, cracking, or the structure shifting. They also include poorly prepared or compacted soil (how the ground was leveled and packed before building), which can move later and damage whatever sits on top of it.
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Construction defects can present in many ways, and some of the most serious 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, foundation cracking and heaving caused by expansive clay soils is one of the most frequently encountered defect types and one that is often misattributed to normal settling by builders who want to avoid accountability. If your community or home is experiencing any of these issues, contact us for a free evaluation before drawing any conclusions.
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Colorado sets two separate deadlines for filing a construction defect claim.
The first is the deadline to file counted from when you discover the problem (the “statute of limitations”): you generally have two years from when a defect or its damage is found, or reasonably should have been found.
The second is a final cutoff counted from when the building was finished (the “statute of repose”): in most cases no claim can be brought more than six years after construction was substantially completed, that is, essentially finished and usable, whether the defect was visible or hidden. If a defect surfaces in the fifth or sixth year, that window can stretch to eight years in some situations.
These are among the shortest deadlines in the country, so we recommend talking to a construction defect attorney as soon as you suspect a problem, rather than waiting to see whether it gets worse.
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The statute of repose is the absolute outer deadline for filing a Colorado construction defect claim. 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 may be extended to eight years in some circumstances. Once this deadline passes, your community permanently loses its right to pursue the builder, regardless of how serious the defect may be. This is why early action matters so much.
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You can contact Hearn & Fleener for an onsite inspection, meeting and multi-phase investigation concerning a potential construction defect lawsuit at no cost. We encourage you to reach out before Colorado’s filing deadlines pass, because once they do, the right to recover is gone. A free, no-obligation review is the simplest way to find out where you stand.
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The honest answer is that 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.
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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 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.
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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 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.
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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, which alters the types of damages that can be recovered in a construction defect claim for properties covered under that program. If your community's purchase contracts were signed after January 1, 2026, or if your builder has opted into this program, the rules governing your claim may be materially different from those that applied previously.
It is more important than ever to have an experienced Colorado construction defect attorney review your specific contracts and governing documents before drawing any conclusions about your community's legal options.
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In Colorado, the Homeowner Protection Act 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. If you have questions about whether your purchase contract limits your legal options, our attorneys can review it as part of our free initial consultation.
The Defect Process
FAQs.
Questions about the process? Here’s what you need to know about what to expect.
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At Hearn & Fleener, we work exclusively on a contingency fee basis, which means you pay nothing upfront and nothing out of pocket at any point during the process. We advance all engineering, expert, and legal costs ourselves. You only pay us if and when your community or property recovers funds through a settlement or verdict. If we do not recover, you owe us nothing. This structure ensures that every Colorado property owner and HOA board has access to the same quality of legal representation regardless of the size of their reserves or the scale of their claim.
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The timeline for a Colorado construction defect case varies significantly depending on the complexity of the defects, the number of responsible parties, and whether the case resolves through settlement or proceeds to trial. Many of our cases resolve within 18 to 24 months. More complex cases involving multiple phases of construction, dozens of subcontractors, or disputed liability can take longer. Cases that proceed to trial typically take longer than those that settle.
We provide our clients with a realistic timeline assessment during the Phase 4 report and presentation, and we keep every client updated on the progress of their case throughout the process.
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While an HOA board technically has the legal authority to pursue a construction defect claim without an attorney, doing so effectively is extraordinarily difficult. Construction defect litigation in Colorado involves complex procedural requirements under CDARA, strict filing deadlines, forensic investigation, expert testimony, insurance coverage analysis, and in many cases multi-party litigation involving dozens of defendants.
Attempting to navigate this process without specialized legal counsel puts your community at a significant disadvantage against builders and their legal teams. Hearn & Fleener handles every aspect of the process on your behalf at no upfront cost, so there is no financial reason for an HOA board to pursue a claim without experienced legal representation.
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While an HOA board technically has the legal authority to pursue a construction defect claim without an attorney, doing so effectively is extraordinarily difficult. Construction defect litigation in Colorado involves complex procedural requirements under CDARA, strict filing deadlines, forensic investigation, expert testimony, insurance coverage analysis, and in many cases multi-party litigation involving dozens of defendants.
Attempting to navigate this process without specialized legal counsel puts your community at a significant disadvantage against builders and their legal teams. Hearn & Fleener handles every aspect of the process on your behalf at no upfront cost, so there is no financial reason for an HOA board to pursue a claim without experienced legal representation.
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One of the most common concerns HOA boards and property managers have is how a construction defect claim will affect their community during the litigation process. In our experience, the impact on day-to-day community life is minimal. The claims process primarily involves legal and forensic activities that occur largely outside the community, including document review, expert inspections, and negotiations with the builder's legal team. Where physical inspections of individual units or common areas are required, we coordinate those activities carefully to minimize disruption.
Most importantly, the funds needed for repairs are not available until the case resolves but in many cases we can help communities prioritize urgent triage repairs using existing reserves while the claim proceeds.
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Yes, in many cases you can still pursue a claim even if your original builder or developer has gone out of business. Construction defect claims can often be pursued against the builder's insurance carriers even after the company itself has dissolved, and claims can also be brought against subcontractors, design professionals, and other parties who contributed to the defects and who maintain their own insurance coverage.
Additionally, our Phase 3 legal research process specifically investigates the financial standing and insurance coverage of every responsible party before we recommend pursuing a claim, so our clients always have a clear picture of who can actually pay for the repairs before proceeding.
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The vast majority of Colorado construction defect cases resolve through negotiated settlements rather than jury verdicts. A settlement is a voluntary agreement between your community and the responsible parties, typically reached through mediation or direct negotiation, in which the defendants agree to pay an agreed upon amount to fund your community's repairs. A jury verdict is the outcome of a trial, where a jury decides the amount the defendants must pay after hearing the full presentation of evidence from both sides.
Hearn & Fleener is fully prepared to take cases to trial when settlement offers are inadequate. Our willingness to litigate aggressively when necessary is one of the primary reasons builders settle our cases for more than they offer communities represented by less experienced firms. Our landmark $6 million jury verdict for the Vallagio North Association is a direct example of what we are able to achieve at trial when a builder refuses to make a fair offer.
Colorado Specific
FAQs.
Questions about how defect claims are different in Colorado. Here’s what you need to know about the state.
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Colorado has some of the highest rates of construction defect claims in the country, and there are specific reasons for that. The state's expansive bentonite clay soils, which are found extensively across the Front Range from Fort Collins to Colorado Springs create foundation challenges that builders in other states simply do not face. Colorado's dramatic climate, with intense UV exposure, heavy snow loads, dramatic freeze-thaw cycles, and high winds, places extraordinary stress on building envelopes, roofing systems, and exterior cladding.
Colorado's rapid growth over the past two decades has created a construction market where accelerated build timelines and competitive cost pressures have contributed to widespread workmanship failures across both residential and commercial construction.
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Yes. Colorado law provides specific protections for HOA boards that authorize construction defect claims on behalf of their communities.
The HOA board has a fiduciary duty to its residents to protect the financial health and physical integrity of the community, which includes pursuing legitimate construction defect claims. CDARA and related Colorado statutes provide a structured process for HOA boards to authorize and pursue claims, and the Homeowner Protection Act protects individual homeowners from being forced to waive their rights under that process.
Hearn & Fleener works directly with HOA boards to ensure that every step of the authorization and claims process is handled correctly under Colorado law.
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This is one of the most important distinctions in Colorado construction defect law. Normal wear and tear refers to the gradual deterioration of building components over time through ordinary use, things like fading paint, worn carpet, or minor surface weathering.
A construction defect, by contrast, refers to a failure that results from improper design, substandard materials, or faulty workmanship, something that should not have happened if the builder had met the applicable standards.
The distinction can sometimes be subtle, and builders frequently try to characterize legitimate defects as normal wear and tear to avoid accountability. This is exactly why an independent forensic investigation is so important. Our team of specialized engineers and building envelope experts is experienced in distinguishing between defects and normal deterioration, and in documenting that distinction in a way that holds up in litigation.
Still Have Questions? We Have Answers and Our First Conversation Is Always Free.
If reading these FAQs has raised new questions about your specific situation, or if you suspect your community or property may have a valid construction defect claim, contact Hearn & Fleener today.
Colorado does set firm deadlines for these claims, so the sooner you reach out, the more options you'll have. Our first conversation is free, confidential, and comes with no obligation of any kind.