Many owners will jump at the opportunity to file a lawsuit following the discovery of a latent construction defect. In order to curb time-consuming and costly lawsuits from litigious homeowners, some states have enacted “right to repair” laws to allow contractors the opportunity to address these alleged defects before they are brought up in court. While this may seem like a straight-forward idea, it is not a cure-all to Colorado’s construction woes. In this two-part series, a Colorado Springs construction attorney with Cotney Construction Law will be discussing the various aspects of the right to repair laws in Colorado.
The Right to Repair
The right to repair or right to cure laws stipulate that a construction professional has a certain amount of time to fix a problem or defect before an owner can take legal action. In Colorado, an owner filing a claim that alleges faulty construction must go through the Notice of Claim process.
The Notice of Claim process requires that each construction professional whose work pertains to the defect, whether it’s a contractor or architect, must be given notice before a lawsuit is filed. This notice or letter must be given 75 days before filing a claim; however, 90 days is required for claims on commercial properties. This letter must provide an account of the claim and damages so that construction professionals can adequately respond with an offer of repair or settlement. If you’ve received notice of a construction defect, you can protect your rights by hiring an experienced Colorado Springs construction lawyer.
Access to the property for inspection must be given to the contractor within 30 days of the above notice. Construction professionals doing an inspection should take detailed notes on all needed repairs. The construction professional will then have 30 days for residential properties or 45 days for commercial properties to offer either a settlement amount or a plan to repair the defect. Unless the contract requires mediation, the owner will have 15 days to accept or reject an offer once it’s received. Then, they can move forward with litigation.
Partner with a Professional
The above laws in no way guarantee that a construction firm will avoid a lawsuit. This is why it is imperative that you partner with a knowledgeable and aggressive Colorado Springs construction attorney to ensure that your rights are protected and that claims are handled swiftly and painlessly.
For more information on how Colorado has been affected by right to repair laws, please read part two.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.