I need initial legal advice on poor construction work on my home. What steps I should take when the foundation shifted so much the the ceiling is cracking and all the windows are pulling away from the wall.

The damage you're describing — a shifting foundation, cracking ceilings, and windows pulling away from walls — points to a serious structural construction defect, and there are a few important steps to take when you first notice these issues.

First, I would recommend that you thoroughly document everything. Photograph all visible damage in detail, note when you first noticed each problem, and hold onto any communications you've had with your builder or contractor.

Second, it’s very important to make sure you still have time to file your claims in court so that you don’t violate the “statute of limitations.” Statutes of Limitation are deadlines for claims that begin to run when the cause of the claim (here, the shifting foundation, cracking, etc.) is first discovered. For claims against builders for negligent construction, those claims must be filed within 2 years of discovery.

Third, I often recommend that people in your situation hire a forensic engineer or construction expert as early as possible to evaluate the defects and produce a professional report outlining the defects, possible causes, and (ideally) a cost to repair the issues. That report will be essential to establishing liability if your case moves forward. Please also remember that you do NOT want to make repairs with a new contractor at this point - keeping the defective construction as-is will be very important for your case.

Once you have documentation and an expert opinion in hand, your next step is sending the builder a formal written notice of claim — and this is where consulting an attorney becomes critical. Colorado's construction defect law (Colorado Construction Defect Action Reform Act, commonly called “CDARA”) requires this notice to be served at least 75 days before any lawsuit can be filed, and it must describe the defects in specific detail. Missteps in this process can delay or jeopardize your claim. I hope this helps. If you’d like to discuss your case in more detail, you can book a consultation online with one of our real estate lawyers or call 303-688-0944 to find a convenient time for you.