Design professionals, such as architects and engineers, “shall at all times recognize that their primary obligation is to protect the safety, health, property, and welfare of the public,” and “shall approve and seal only those design documents that are prepared with applied technical knowledge and skills that provide safety for public health, property, and welfare in conformity with generally accepted architectural, engineering … standards,” according to the Colorado Bylaws and Rules of the State Board of Licensure for Architects Professional Engineers and Professional Land Surveyors, Rules of Conduct. As a result, design professionals are responsible for damages caused by their negligent design or related services, such as quality assurance observations during construction. Additionally, a homeowner’s reliance on an engineer’s written report could give rise to a misrepresentation claim.
Determination of whether design errors exist and impose liability on a design professional requires a detailed analysis of many technical documents and resources. These include construction plans, specifications, reports, applicable building codes and other standards, and state laws and state licensing board rules and regulations specific to design professionals and their services.
Our Colorado construction defect attorneys have extensive experience analyzing this information. We have worked with consulting architects and engineers to help homeowners and homeowner associations determine whether their construction defects are the result of design errors that might warrant or require claims against design professionals involved in the design and construction of their home or community. Call Burg Simpson today at 303-792-5595 or fill out our FREE Case Evaluation form now.
There a number of parties involved in the design and construction of a new home. Three of the most critical people involved in a new home building include:
- Architects – Architects design new homes. But these licensed professionals also supervise the execution of their designs and the actual home construction. Frequently, the architect has to make changes to their original design during the construction process. Generally speaking, the architect is responsible for three different roles: design, documentation, and construction. Design defects can arise when the architect’s plans are not complete or are inaccurate.
- Contractors – Contractors, or construction managers, plan and supervise new home construction. They also work closely with the architect so they can meticulously execute their original design. Design defects will emerge if that design contains flaws that the contractor either did not recognize or simply ignored. Contractors are the parties most often named in construction defect claims.
- Subcontractors – Subcontractors are the employees who actually execute the contractor’s orders. They are divided into specialties, such as masons, electricians, and carpenters, for example.
Design errors tend to fall into three different classifications:
- Skill, or performance-based errors.
- Rule, or knowledge-based errors.
- Intentional violations or simple noncompliance.
If your new home has design defects that threaten the value of your investment or the health and safety of your family, you need to speak with the Denver construction defect lawyers at Burg Simpson as soon as possible. Call today at 303-792-5595 for a free, no-obligation evaluation of your case.
Speak with our Construction Defect Law Firm
Almost all of our representation in cases of design error is handled on a contingency fee basis. Until we recover financial compensation, you pay no attorney’s fees. Please note though, that in accordance with legal ethics rules, you may be responsible for certain court costs.
Every case is different and the laws governing home building and construction defects are being tinkered with all the time, so you can’t rely on anything you read here – or anywhere else – as definitive legal advice. To fully understand what your legal rights are, you have to talk to a construction defects lawyer directly about your situation. Call us today at 303-792-5595 or fill out our Free Case Evaluation form as soon as possible.