Frequently
Asked Questions.

In simple terms, it's something about your home or building that wasn't built the way it should have been. That includes work that doesn't follow the approved plans, building codes, manufacturer instructions, or standard building practices. Some defects are easy to see, like a leaking roof. Others are hidden, like missing waterproofing behind a wall, and only show up through the damage they cause.

Common signs include cracks in foundations, walls, or concrete; water stains or leaks around roofs and windows; doors and windows that stick or won't latch; soft or sagging decks and balconies; and floors that feel uneven. Pay attention to patterns too: problems that return after repairs, or that show up in several homes nearby.

Wear and tear is the slow aging every building goes through, like fading paint or a worn carpet. A defect is caused by how the building was designed or built. It often shows up earlier than it should and keeps getting worse even with regular maintenance. When it's hard to tell, an inspection can usually sort it out.

Some small changes are normal. New homes settle, and thin hairline cracks in drywall or concrete are common in the first year or two. What isn't normal is a problem that keeps growing, keeps coming back after repairs, or lets water inside. Those can be signs that something wasn't built correctly.

It's an important clue. When several homes or units from the same builder have the same problem, like leaking windows, cracked foundations, or rotting decks, the cause is often how they were built, not how each owner cared for their home. Many construction defect claims start this way, with neighbors comparing notes. Keep track of who is seeing what, and when.

It's worth a closer look. A repair that treats the symptom, like patching a crack or recaulking a window, may not fix the cause. If the same problem keeps returning, the underlying cause may be a construction defect. Keep a record of every repair, including the date and who did the work.

Much of the Front Range sits on clay soils that swell when wet and shrink when dry. If a builder doesn't properly test the soil, design the foundation for it, and manage drainage, that movement can crack foundations and slabs, shift walls, and make doors and windows stick. These problems often appear within the first several years.

Colorado is hard on buildings. Clay soils move, freeze-thaw cycles crack concrete and stucco, and heavy snow and intense sun wear down roofs and siding. Fast growth along the Front Range has also meant quick building timelines, and shortcuts tend to show up quickly in these conditions.

Not always. Homeowners insurance usually covers sudden events, like a storm or a burst pipe, and many policies exclude damage caused by faulty construction. HOAs maintain shared areas, but regular maintenance can't fix a problem that was built in. When a building was built wrong, the builder and the companies that worked on it may be responsible for the repairs.

Ask. You don't need to be sure before reaching out. Take photos, note when you first noticed the problem, and ask your neighbors whether they've seen the same thing. Then talk with someone who can take a look. Our Four-Step Process starts with a free inspection for exactly this reason.

Start by documenting it. Take dated photos, write down when you first noticed the problem and whether it's getting worse, and keep copies of any repair invoices, inspection reports, and emails with your builder or HOA. Then talk with a construction defect attorney before deadlines become a concern.

Yes, especially for safety issues. Colorado law also now requires property owners to take reasonable steps to keep a defect from getting worse. Photograph the problem before and after any repair and keep all invoices. If you're planning a major repair, talk with an attorney first so important evidence isn't lost.

It's often reasonable to report the problem to your builder, especially if your home is under warranty. Keep copies of everything you send and receive. Be careful before signing anything in exchange for repairs, since some agreements can limit your future rights. If you're unsure, have an attorney review it first.

You don't need anything to get started. If you have them, photos of the problem, repair records, your purchase or warranty documents, and the approximate year the property was built are helpful. For HOAs, your community's governing documents and a record of past repairs are useful too.

Small problems can sometimes be resolved directly with the builder. Construction defect claims, though, come with specific legal steps, deadlines, and technical questions, and builders usually have experienced attorneys and insurance companies on their side. At a minimum, a consultation can help you understand your options before you commit to anything.

With Hearn & Fleener, nothing. Our Four-Step Process includes a property inspection, a review of the construction records, a look at your legal options, and a written report, all at no cost and with no obligation to hire us.

In general, Colorado gives you two years from when you discover a defect, or reasonably should have discovered it, to file a claim. There's also a final cutoff, called the statute of repose, which applies even if no one has noticed a problem yet. Because the exact dates depend on your property, it's worth checking early.

It's the absolute outer deadline for construction defect claims. In Colorado, it's generally six years from when construction was substantially completed. If a defect comes to light in the fifth or sixth year, you may be able to get a two-year extension to bring a claim. Once the statute of repose passes, the right to bring a claim is usually gone for good.

CDARA is the Construction Defect Action Reform Act, the Colorado law that sets the ground rules for most construction defect claims. Among other things, it requires property owners to give the builder written notice of the problems before filing a lawsuit, and it gives the builder a chance to inspect the property and respond.

The law, known as HB25-1272, made several changes. HOA boards now need approval from 65% of owners, instead of a simple majority, before filing a claim. If an HOA wins, the money must first be used to repair the defects. Property owners must take reasonable steps to keep defects from getting worse. And a new voluntary program lets condo and townhome builders provide a warranty and third-party inspections in exchange for extra legal protections; owners of homes built under that program have different deadlines and rules for bringing a claim.

Generally, Colorado law doesn't allow builders to make residential property owners waive the core protections of CDARA. However, your purchase contract or HOA documents may require disputes to go to arbitration instead of court. It's worth having an attorney review what you signed.

A warranty can give you an additional way to get problems fixed, but it usually comes with its own claim steps and deadlines. Read it carefully and follow its reporting requirements. If your home was built under Colorado's new builder incentive program, the warranty and claim rules may be different, so ask an attorney how they apply to you.

Often more than one party. Depending on what went wrong, responsibility can fall on the developer, the general contractor, subcontractors who did specific work, or the architects and engineers who designed the project. Researching the construction records helps identify who worked on your property.

Yes. Before filing a lawsuit, you send the builder a written notice describing the problems. The builder can then inspect the property and offer to repair the problems, offer to pay to settle, or explain why it disagrees. You decide whether to accept any offer.

In Colorado, the HOA board must notify every homeowner and the builder, hold a meeting where both sides can share information, and then get approval from at least 65% of owners before filing. Our Homeowner Associations page explains this process in more detail.

Not necessarily. Many claims are resolved through negotiation or mediation, where a neutral person helps both sides reach an agreement. Some contracts and HOA documents require arbitration, a private process where a neutral decision-maker decides the case. A traditional trial is only one possibility.

It varies. Some claims settle within months, while others take a few years, especially if they go to arbitration or trial. The timeline depends on how the builder responds, how many parties are involved, and the size of the repairs.

Usually less than people expect. You may be asked to provide documents, allow inspections of your property, and occasionally answer questions. Your attorney handles the legal work and keeps you updated. For HOAs, the board and the law firm handle most of the day-to-day work.

You may still have options. Other parties, like subcontractors or design professionals, may share responsibility, and insurance policies that covered the builder at the time of construction may still apply. An attorney can look into who can still be held responsible.

Many construction defect attorneys work on a contingency fee, meaning their fee is a percentage of the money recovered rather than an hourly bill. Fee agreements differ, especially in how case costs like expert fees are handled, so ask any attorney to explain theirs in writing before you sign. We'll walk you through our fee agreement and answer every question before you decide.

A settlement is an agreement both sides reach, often through negotiation or mediation. An arbitration award is a decision made by a private arbitrator. A jury verdict is a decision made at trial. Settlements give both sides more control and certainty, while arbitration and trial leave the decision to someone else.

The money recovered goes toward repairing the defects. For HOAs, Colorado law requires that money from a successful claim be used for repairs first.

If a claim isn't successful, the property owner doesn't recover money for repairs. Your fee agreement should explain who is responsible for which costs in that situation. That's one reason a careful review of the claim's strengths and weaknesses before filing is so important.

It can. Some lenders ask whether an HOA is involved in a legal claim, which can make certain loans harder to get while the claim is active. Sellers may also need to disclose known defects. It's worth talking through these effects with your attorney early.

The focus shifts to repairs. A good plan starts with the most urgent problems and uses independent construction experts to oversee the work. At Hearn & Fleener, we help communities prioritize repairs and connect them with independent experts after a case ends.