Construction defects can be more than frustrating; they can cause property damage, financial loss, and even serious injury. Bowman Law represents homeowners and occupants recover compensation for construction-related damages under Colorado law. Whether you are dealing with a roofing defect, foundation issues, or a collapsed ceiling, it is important to understand how Colorado construction defect law works and what your legal options are.
Colorado’s construction defect law is governed primarily by the Construction Defect Action Reform Act (‘CDARA’). This law was first enacted in 2001 and has been amended several times to balance the interests of homeowners, builders, subcontractors, and insurers. It is designed to set clear standards for how construction defect disputes must be handled, particularly before litigation begins.
CDARA was created to provide a framework for resolving construction defect disputes fairly and efficiently. The legislature wanted to curb what it viewed as excessive litigation in the construction industry, while still protecting homeowners who suffer damages from defective construction.
Before a homeowner or homeowner association can file a lawsuit or arbitration for construction defects, CDARA requires a Notice of Claim (‘NOC’) to be served on the builder, developer, contractor, or design professional.
This step is mandatory. Filing a defect lawsuit without first complying with the NOC process can result in dismissal of the claim.
CDARA sets strict deadlines for bringing construction defect claims:
These deadlines are strictly enforced by Colorado courts, making timely action critical for homeowners.
These rules are strict — even serious defects can become barred if not acted upon on time. Contact Bowman Law to ensure your claim is preserved.
Contractors and builders in Colorado can be held liable for construction defects that result in:
Liability may extend to general contractors, subcontractors, architects, and engineers. Colorado law specifically allows homeowners to pursue claims for both physical and economic harm caused by defective construction. See C.R.S. § 13-20-802.5 for legal definitions of responsible parties.
CDARA limits the damages a homeowner may recover in construction defect cases to:
Non-economic damages, such as emotional distress or inconvenience, are not recoverable under CDARA.
Homeowners insurance generally does not cover construction defects. These policies are designed to protect against sudden and accidental events, such as fire, hail, or a burst pipe, rather than poor workmanship or faulty materials. Most insurance contracts include explicit exclusions for losses caused by defective design, construction, or workmanship. This means that if a roof leaks because it was improperly installed, the expense of repairing or replacing the defective work itself is not covered. In these cases, the responsibility falls on the builder, subcontractors, or developers, and claims are typically pursued under construction defect law, such as Colorado’s Construction Defect Action Reform Act (CDARA).
There is, however, an important distinction between the defect itself and the damage it may cause. While the cost of repairing defective construction is excluded, the resulting damage can sometimes be covered. For example, if defective plumbing was installed in a home, the policy would not pay to redo the plumbing. But if that plumbing later bursts and causes water damage to the floors, walls, or personal property, the resulting water damage may be covered. Insurers often refer to this as coverage for “resulting loss.”
It is also critical to distinguish between a homeowner’s personal insurance and the insurance carried by builders or subcontractors. Builders typically maintain commercial general liability (CGL) insurance, which can provide coverage when their defective work causes property damage. In a construction defect case, the homeowner’s recourse is usually to pursue claims against the builder under CDARA. Once that claim is made, the builder may then turn to its liability insurer for defense and indemnification.
In addition, many new homes come with express warranties from builders or developers, which can provide some direct relief for defective workmanship or materials. These warranties often cover general work for one year and structural components for longer periods. Homeowners should review these warranties closely, as they can supplement CDARA rights and claims.
To ensure you are compensated for poor workmanship or defects, contact an attorney to file a claim against the right parties.
The Homeowner Protection Act of 2007 (‘HPA’) protects against unfair practices in the construction industry that limited homeowners’ rights to bring construction defect claims. Before the HPA was passed, many builders and developers inserted broad disclaimers and waivers into contracts and purchase agreements that stripped homeowners of important legal rights. For example, contracts often contained provisions waiving claims for negligence or limiting damages to repair costs only, regardless of the actual harm. The HPA was passed to ensure homeowners could not be forced to give up these protections in advance. It protects homeowners from being forced to accept subpar repairs or give up their rights unknowingly.
The central feature of the HPA is that it invalidates any clause in a contract that attempts to waive or limit a homeowner’s rights under CDARA or Colorado law.
This means that even if a contract says otherwise, a homeowner in Colorado retains the full rights provided by law to pursue defect claims against a builder or contractor.
The HPA specifically restricts contract provisions that:
In effect, it prevents builders from writing contracts that shift all the risk of poor construction onto homeowners.
While CDARA sets out the process for construction defect claims (notice of claim, right to inspect and repair, timelines, and damages), the HPA ensures that builders cannot contractually undercut those protections. Together, they form the backbone of Colorado construction defect law.
Our construction defect attorneys represent clients in claims involving:
If you believe you have a claim pursuant to CDARA, contact Bowman Law to:
When Should You Contact a Lawyer?
You should contact a lawyer if:
Know Your Rights, Protect Your Property
Colorado’s construction defect laws are complex, but they are designed to protect homeowners and injury victims. Whether you’re pursuing a roofing defect lawsuit, have suffered an injury due to unsafe construction, or are considering legal action under CDARA, you don’t have to do it alone.
Bowman Law, LLC fights for fair compensation and builder accountability. If you think you may have a claim, call 720-863-6904 for a free consultation.
In 2016, Kaylea graduated from the University of Denver’s Sturm College of Law, with a Juris Doctor and a Certificate in Corporate and Commercial Law. While in law school, Kaylea was an active member of the peer-mentor program and was the Vice President of the National Women’s Legal Society Organization. Kaylea began her career at a law firm where she worked on cases in both business and civil litigation but grew a passion for personal injury law.
Since that point Kaylea has developed substantial experience with cases such as premise liability, motor vehicle collisions, bad faith insurance claims, wrongful death, breach of contract, and civil theft claims. Kaylea has done every step of the litigation process against large insurance companies and corporations from intake through negotiation and, ultimately, litigation. Kaylea currently practices in the areas of personal injury law, business law, and bad faith insurance law in both state and federal court.
Kaylea has been a standing member of the alumni council for the University of Denver Sturm College of Law for over three years and devotes much of her free time to the law school’s mentorship program and giving back to her community.
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