Understanding Construction Defect Statutes of Limitation and Repose
Colorado law places time limits on when single-family homeowners and homeowner associations can bring a construction defect claim against a construction professional, which includes builders, developers, general contractors, subcontractors, inspectors, architects, and engineers. Construction defect claims, whether for new construction or remodeling, are subject to both a statute of limitation and a statute of repose. First, the statute of repose provides that all claims related to construction defects must be brought within six years of substantial completion of the property. The statute of limitation provides that a construction defect claim must be brought within two years from when the claim arises.
Under Colorado law, a construction defect claim arises at the time the homeowner discovers or in the exercise of reasonable diligence should have discovered the “physical manifestations” of a defect in the property which ultimately causes the injury. Physical manifestation means seeing evidence of a defect. Because of this two-year statute of limitation, the statute of repose can be extended to seven or eight years if the defect arises in the fifth and sixth year after completion. These limitations apply equally to the first owner of a home and subsequent owners.
It is important that homeowners or homeowner associations talk to an attorney when they believe there are defects in their home. The attorneys in the construction defect department at Burg Simpson provide a free consultation to owners who have questions about a potential claim. Never assume it is too late to bring a claim. Under certain circumstances, the statutes of limitation and repose may be extended for various reasons including the conduct of the builder.
If you have a problem with construction defects, reach out to the attorneys at Burg Simpson now: (720) 689-1116.
Burg Simpson shareholder and construction defect attorney Craig Nuss is the Co-Practice Group Leader of Burg Simpson’s Construction Defect Department.
See his recent video on the statutes of limitation and repose, here.
Craig Nuss focuses his legal practice on representing homeowners and homeowner associations in construction defect cases. In the past three decades, Mr. Nuss has handled more than 70 civil jury trials in Colorado state and federal courts. He has taught many education courses on construction defects and trial tactics. Mr. Nuss’s distinguished credentials include being recognized by Martindale-Hubbell with top Preeminent® AV rating and being a member of the American Board of Trial Advocates (ABOTA), a prestigious and invitation-only international trial lawyer organization. He has also been selected by his peers as a Colorado Super Lawyer® every year since 2007. Additionally, Mr. Nuss has been recognized by Best Lawyers in America, National Trial Lawyers Top 100, and 5280 Magazine as one of Denver’s Top Lawyers. Mr. Nuss is currently serving as a trustee of the Colorado Bar Foundation which is the charitable arm of the Colorado Bar Association