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Residential construction defects: sources and remedies

The purchase and construction of a new home in Colorado is obviously a big deal. A residential transaction is a once-in-a-lifetime experience for many buyers and the single largest financial outlay they will ever make.

It needs to be done right. That is a given, of course, but the high numbers of construction defect cases that arise each year across the country underscore that a buyer’s reasonable expectations aren’t always met.

In fact, they can be undermined for any number of reasons. For starters, a homeowner and developer might have some initial misunderstanding concerning property construction, design or other key matter. Additionally, the legal agreements executed between a purchaser and builder are typically supplemented by other contracts between general contractors and subcontractors. Other parties, too, play key roles in home construction. Those include engineers, vendors/suppliers and architects.

The sources of conflict that give rise to a construction defect dispute (and sometimes formal litigation) can come from many sources. One is alleged negligence on the part of one or more parties responsible for property construction. Does wind blow through the windows of a new home? Is there flooding in the basement? Is the foundation cracking? Those and many other defects can owe to negligent construction, the use of low-quality materials, substandard workmanship and related factors.

Breach of express warranties provided by a builder are also sometimes alleged in defect cases. In some matters, a buyer can bypass proof requirements concerning negligence altogether and proceed against a contractor or other party under the theory of strict liability.

Fraud claims can also centrally feature in a construction defect dispute. A home purchaser who reasonably relies upon a construction industry expert’s assertions that are purposefully misrepresented might have solid grounds for filing a lawsuit.

The realm of construction defects is wide and complex. Questions or concerns regarding the subject matter can be addressed to a proven Denver real estate attorney who commands broad experience representing both plaintiffs and defendants in property-linked disputes.

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