What is the difference between a normal defect and a latent defect?

They’re the ones that a contractor, sub, or other trade should find during normal inspections. Latent defects, on the other hand, are those that are concealed or otherwise not readily observable.

What is the statute of limitations on construction defects in Colorado?

two years
The statute of limitations for construction defect claims in Colorado is two years and the statute of repose is as short as six years and as long as eight years.

How long does a contractor have to warranty his work in Colorado?

Colorado law provides that homeowners, generally, have either two (2) or six (6) years to bring a construction defect claim. Once you have discovered (or should have discovered) the defect, you have two years to bring a claim. You have six-years from closing on you home to make such a discovery.

Can a contractor be liable after the defects liability period?

Usually, yes. A contractor will normally remain liable for defects after the defects liability period has expired. This article addresses a common misconception about the defects liability period under a construction contract.

Are construction defects covered by insurance?

In practice, this means that coverage for the vast majority of, if not all, repairs to defective works are not insured. For example, some insurance policies carry a total exclusion not only for costs to correct a defect, but also the costs of all resultant damage caused by it to other parts of the project.

What is defect liability period?

Defect Liability Period means the period of validity of the warranties given by the Contractor (commencing at Completion of the Project/Works, during which the Contractor is responsible for defects with respect to the Project/Works.

What is construction defect law?

A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.

What is the statute of limitations in Colorado?

Colorado’s time limits for filing a civil action generally range from one to three years, but rent and debt collection actions have a six-year limit. The state also provides an extra year (three total) for personal injury and injury to property claims if a motor vehicle is involved.

How do I sue a contractor in Colorado?

In Colorado, you do not have to have a written contract to sue a contractor or handyman. However, not having a written agreement complicates the lawsuit. If you sue, the burden of proof is on you. Without the job’s details in writing, your case is more difficult to prove – and win.