Fighting for Property Owners Affected by Construction Defects

At Vargas Gonzalez Delombard, we are dedicated to helping Denver property owners pursue compensation for damages caused by construction defects. With over a decade of experience, our firm is known for developing tailored legal strategies, possessing in-depth knowledge of Colorado construction law, and maintaining an unwavering commitment to achieving results. If you’re facing issues with a negligent builder, an insurance claim denial, or unresolved property damage, our legal team is ready to fight for your rights. Contact us today to schedule a consultation at our Denver office and take the first step toward protecting your property and securing the compensation you deserve.

Negligent Builder Property Damage Basics

Negligent builder property damage occurs when contractors, developers, or construction professionals in Denver fail to adhere to established industry standards during construction. These defects compromise a property's safety, functionality, or value. In Colorado, such issues are addressed under the Construction Defect Action Reform Act (CDARA), which provides legal recourse for property owners affected by construction defects.

Examples of Negligent Building Practices

  • Improper foundation installation can lead to structural instability, including cracks and uneven settling, which can pose significant safety hazards
  • Inadequate materials or poor workmanship may result in leaks, water damage, and reduced energy efficiency
  • Improper installation of drainage or waterproofing systems can cause water intrusion, leading to mold growth and structural deterioration
  • Utilizing substandard materials or unskilled labor can accelerate wear and tear, increasing maintenance costs and safety risks
  • Failure to adhere to local building codes, as outlined in the Denver Building and Fire Code, can leave properties vulnerable to various hazards

Warning Signs of Construction Defects

  • Visible cracks in walls, ceilings, or foundations
  • Persistent water intrusion or leaks
  • Structural instability or uneven flooring
  • Presence of mold, mildew, or damp conditions
  • Malfunctioning plumbing or electrical systems
  • Incomplete or substandard construction work

If you encounter any of these issues, they may result from negligent construction practices. Colorado property owners must follow specific procedures before taking legal action, including providing a notice of claim to the construction professionals responsible and allowing them to inspect and fix the defects. It is crucial to seek professional legal guidance promptly to effectively address these concerns and protect your property rights.

Potential Parties Liable for Construction Defects in Denver, Colorado

Under CDARA, claimants must follow specific procedures before initiating legal action. This includes providing a notice of claim to the responsible parties, allowing them the opportunity to inspect and remedy the alleged defects. This process aims to encourage resolution without litigation. Responsible parties may include the following:

  • General Contractors: Responsible for overseeing the construction project and ensuring contractual and professional standards compliance.
  • Subcontractors: Specialists in trades such as plumbing, electrical, or roofing whose substandard work can lead to defects.
  • Freelance Contractors: Independent professionals hired for specific tasks who may be liable if their work is deficient.
  • Real Estate Developers: Accountable for assembling competent teams and maintaining oversight to ensure quality construction.
  • Prior Property Owners: May be liable if they failed to disclose known defects or misrepresented the property's condition during the sale.
  • Architects and Engineers: Responsible for design and structural integrity; errors or omissions can result in liability for resulting defects.
  • Material Suppliers and Manufacturers: Liable if defective or substandard materials supplied contribute to construction issues.
  • Building Inspectors: May be held accountable if they overlooked or failed to report defects during mandatory inspections.
  • Surveyors: Responsible for accurate land assessments; errors can lead to structural problems and potential liability.
  • Insurance Companies: May face liability for acting in bad faith, such as wrongfully denying or underpaying legitimate claims.
  • Homeowners or Property Owners Associations: Can be liable for failing to maintain common areas or for authorizing construction that leads to property damage.

It's important to note that Colorado law requires a two-thirds majority vote from unit owners before a homeowners association can initiate a construction defect lawsuit.

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Potential Compensation

In Colorado, the recovery of damages is generally limited to "actual damages," and the availability of punitive damages is restricted. Here’s what you may be entitled to:

Cost of Repairs

This encompasses expenses for structural corrections, material replacements, and labor fees necessary to restore your property. CDARA defines "actual damages" as the lesser of the fair market value of the property without the defect, the replacement cost, or the reasonable cost to repair the defect.

Decreased Property Value

Compensation may be available for the reduction in your property's market value resulting from construction defects.

Relocation Expenses

If defects render your property uninhabitable during repairs, you may recover costs associated with temporary housing and moving. CDARA includes "relocation costs" as part of actual damages.

Loss of Use

You may be entitled to compensation for the inability to use all or part of your property due to defects. CDARA allows recovery for "other direct economic costs related to loss of use.

Why Hiring a Construction Defect Lawyer Is Crucial

Dealing with property damage from negligent construction in Denver can be overwhelming, especially when builders, contractors, or insurers refuse to take responsibility. Working with a knowledgeable attorney ensures:

  • Responsibility Is Assigned: Colorado law holds builders, contractors, and developers accountable for defective work. A construction defect attorney ensures that responsible parties are identified and held legally liable.
  • Fair Compensation: We fight to secure full compensation for repair costs, decreased property value, relocation expenses, and other damages.
  • Reduced Financial Burden: Construction-related damages can be financially devastating. We work to ensure that negligent parties bear the costs of necessary repairs, not you. Colorado law requires a pre-litigation notice of the claim process, and we guide you through it to seek resolution before court action is necessary.
  • Expert Analysis: We collaborate with Denver-based construction experts, engineers, and inspectors to uncover hidden defects, prove negligence, and assess the full extent of your damages. Their analysis strengthens your case and ensures you receive the compensation you deserve.

If you suspect faulty construction, consulting with a Denver construction defect lawyer as soon as possible can protect your rights and help restore your property.

How Vargas Gonzalez Delombard Supports Property Owners in Denver

Vargas Gonzalez Delombard has a strong track record of helping clients recover damages from construction defects caused by negligent builders in Denver, Colorado. Here’s why property owners trust us:

  • Years of Expertise: With decades of experience handling Colorado construction defect cases, our team successfully represents homeowners and businesses dealing with negligent builders, contractors, and developers.
  • Personalized Strategies: Every case is unique. We develop custom legal strategies tailored to your specific situation, ensuring the best possible outcome for your claim.
  • Professional Resources: We work with Denver's top engineers, contractors, and building inspectors to uncover defects, assess damage, and build a strong case backed by expert testimony.
  • Dedicated Representation: From pre-litigation negotiations to courtroom proceedings, we fight aggressively to protect your rights and secure the compensation you deserve.

Don’t let negligent builders avoid accountability. Contact Vargas Gonzalez Delombard today for a free consultation in Denver. Our attorneys will evaluate your case, explain your options, and help you take the next steps toward recovering your losses.

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