Do Subcontractors Get a Free Pass for Construction Defects?

by Jeffrey P. Kerrane ColoradoConstruction Case Law & Statutes

A recent trend in Colorado law relating to statutes of limitations and repose—the deadlines that limit the amount of time a homeowner has to bring a claim—may give some subcontractors a free pass for construction defects. In these tough economic times, Colorado has seen several homebuilders go out of business. In some cases, builders have left housing developments only partially built, and badly in need of repairs. When their builder has gone out of business, some HOA’s have to turn to their homebuilder’s subcontractors to pay for repairs to construction defects.

Not All Construction Defect Actions Exempt from the Pilot Project on Civil Procedure Rules

by Allison Vetter ColoradoConstruction Case Law & Statutes

At least one Denver District Court judge held that the Civil Access Pilot Project Rules, effective January 1, 2012, are applicable in some construction defect actions. Adopted to reduce the expense of litigation in business actions, the Pilot Project contains the framework for a stringent discovery protocol. Chief Justice Bender explained the purpose of the Pilot Project in his January 14, 2011 State of the Judiciary Address before the Colorado General Assembly.

Fronterra Village Multifamily Community Association, Inc. v. Pulte Home Corporation:  A Case Study

by Jeff Kerrane & Duncan Griffiths ArticlesColorado

This article details a construction defect case from start to finish, including the perspectives of the attorneys, the community association manager, and the board president. The roofs leaked. Water would get behind the siding and wood trim. In the winter, the sidewalks became dangerous because of ice. Homeowners had to skate to their mailboxes to retrieve their mail. Strong winds caused roof shingles to blow off and siding to become loose. The concrete had deteriorated, heaved, settled, and cracked.