Construction Defect Statutes of Limitation and Repose Update (Part 1)

Construction Defect Statutes of Limitation and Repose Update (Part 1)

By Burg Simpson
November 30, 2020
3 min read

Burg Simpson construction defects trial lawyers Ronald Sandgrund and Joseph F. (“Trip”) Nistico III have co-authored a recent article for The Colorado Lawyer entitled “Construction Defect Statutes of Limitation and Repose Update (Part 1).”

The Colorado Bar Journal (The Colorado Lawyer) is publishing a two-part article in December 2020 and January 2021 by Burg Simpson attorneys Ron Sandgrund and Trip Nistico on construction defect statutes of limitations and repose. These are the Colorado laws that set the deadlines for how long a homeowner or homeowner association can delay filing a lawsuit before their claims are time-barred. Because these deadlines can sneak up on a homeowner and an HOA, it is important they seek professional guidance before their time runs out. Sandgrund and Nistico examine how to avoid traps that the law may set, allowing negligent builders and developers to avoid responsibility for substandard construction. They discuss one case where the Colorado Supreme Court found that personal injury claims by a homeowner who fell on ice created by a defective drain were time-barred before the homeowner suffered his injuries. They also examine the confusion these laws create when trying to apply them to condominium and townhome projects that are developed over a period of years.

Read the article here

Burg Simpson’s Construction Defect Department

Best Law Firms® and U.S. News & World Report have recognized Burg Simpson’s Construction Defect Department “Metropolitan Tier One,” the highest available ranking, for 2021. The award-winning construction defect attorneys at Burg Simpson have established reputations in the legal industry and we have been recognized by our peers, clients, and the community. If a construction defect has damaged your home, Burg Simpson’s trial attorneys are here to represent you and protect your legal rights. For a free consultation, call us at (720) 689-1116 or fill out our FREE Case Evaluation Form so we can schedule a time to discuss your legal matter.

About Ron Sandgrund

Ron Sandgrund is a well-known trial lawyer and Colorado’s most prolific author of articles and books on Colorado construction and materials defect law and related insurance coverage issues. Mr. Sandgrund has extensive experience litigating construction defect, construction materials, product liability, multi-family community, class action, and insurance lawsuits, and he has argued many cases before the Colorado Court of Appeals, Colorado Supreme Court, and U.S. Tenth Circuit Court of Appeals. Mr. Sandgrund has received the Best Lawyers in America© designation, including Best Lawyers© “Lawyer of the Year – Construction Litigation – Denver,” for 2013 and 2019. Mr. Sandgrund files friend-of-the-court (amicus) briefs expressing homeowner-advocacy groups’ views, and federal and state court opinions have referred to his writings many times.

About Joseph F. “Trip” Nistico lll

Joseph F. “Trip” Nistico’s practice focuses on construction-defect litigation. Originally from Texas, Mr. Nistico obtained his undergraduate degree from Texas Christian University in 2012 and graduated from the University of Colorado Law School in 2016. In law school, Mr. Nistico was a member of the Colorado Technology Law Journal, the Samuelson-Glushko Technology Law & Policy Clinic, the Hatfield Scholars Program, and the Silicon Flatirons DC Summer Program. Mr. Nistico was admitted to practice in the State of Colorado in 2016. For 2021, Best Lawyers of America recognized Mr. Nistico as a “One to Watch.”. This prestigious award is given to up and coming young attorneys.


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