The Process to File a Construction Defect Claim

December 22, 2021 | Bill Henry

Construction defect claims in Colorado are regulated by a law called the Construction Defect Action Reform Act. Robinson & Henry Civil Litigation Attorney Kit Davlin says there are specific steps you must take before you can file a construction defect claim. Find out what they are in this video.

Construction Defect Attorneys

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Construction Defect Action Reform Act

CDARA is the Construction Defect Action Reform Act that Colorado passed in 2001. Its purpose was to simplify some of the litigation involved in construction defect claims.

The Process to File a Construction Defect Claim

You Are on the Clock

One of the first things you need to know is that there is a timeline. Before you can file litigation or file for arbitration in Colorado under CDARA, you have to provide notice of your claim. This action will set the 75-day timeline in motion.

Construction Defect Claim Timeline

File a Notice of Claim

A notice of claim is a description of what you think is wrong with the construction, such as what defects are present in your home or in the building.

The notice of claim then gives the opposing party 30 days to inspect your property. They are able to come out and look at what you claim they’ve done wrong.

Contractor Must Propose a Settlement Offer

After those 30 days have expired, the opposing party has another 30 days to present you with an offer of settlement. You do not have to accept the offer of settlement, but the opposing party must make you an offer.

Once they have done so, you have an additional 15 days to contemplate whether you’re going to accept the offer. You also have the opportunity to counter the offer during those 15 days.

When You Can File a Lawsuit

You can move forward with litigation once the 75 days have expired.

Talk to an Attorney About a Construction Defect Claim

There are many issues that can lead to a construction defect claim, and our attorneys have experience with all of those issues. From poor workmanship and unreasonable delays to unlicensed work and breach of contract, we can help. Call 303-688-0944 to start your free case assessment.

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