Common Construction Defect Claims in Denver and How to Defend Against Them

Construction is booming across Denver and the Front Range, from residential builds in new subdivisions to high-rise commercial developments downtown. While many projects finish on time and within budget, construction defects can cause costly disputes between property owners, contractors, subcontractors, and developers. Understanding the most common defect claims — and how to defend against them — is essential for anyone involved in Colorado’s construction industry. If you find yourself facing allegations of construction defects, working with an experienced Denver construction lawyer can protect your reputation, finances, and future projects.

What Are Construction Defects?

A construction defect is any flaw in the design, workmanship, or materials used in a project that causes harm to the property or its occupants. Colorado law recognizes both patent defects (obvious problems visible upon inspection) and latent defects (hidden issues that may not appear until years after completion).

Defects can range from minor aesthetic problems to major structural concerns. In Denver, with its unique climate, soil conditions, and rapid growth, defect claims are especially common in residential developments, condominiums, and large-scale commercial properties.

Common Types of Construction Defect Claims in Denver

While every case is different, some patterns appear consistently in Denver’s construction law disputes:

1. Structural Failures

Claims often involve foundation cracks, uneven settling, or load-bearing wall issues. Colorado’s expansive soils make foundation defects particularly common, as shifting ground can cause structural instability.

2. Water Intrusion and Drainage Problems

Denver’s freeze-thaw cycles and heavy spring storms make water issues a frequent source of claims. Poor grading, improper drainage systems, or faulty roofing can lead to leaks, mold, and long-term property damage.

3. Defective Materials

Sometimes the problem is not workmanship but the materials themselves. Inferior drywall, roofing shingles, or plumbing components can fail prematurely, creating liability questions for contractors and suppliers alike.

4. HVAC and Mechanical System Failures

Inadequate heating, ventilation, or cooling systems can render a property uninhabitable or unsafe. Improper installation or design flaws often form the basis of these claims.

5. Electrical Defects

Faulty wiring or code violations can pose fire hazards. These claims typically involve both safety concerns and compliance with Denver’s strict building codes.

6. Building Code Violations

Even if the work appears sound, noncompliance with Denver building codes can create legal exposure. Municipal inspectors may cite violations, or homeowners may uncover them after moving in.

7. Design Errors

Architects and engineers can also face liability for inadequate planning, miscalculations, or failure to account for site conditions that lead to construction problems.

Who Can Be Held Liable?

Colorado law allows claims to be brought against multiple parties in the construction chain, including:

• General contractors
• Subcontractors
• Architects and engineers
• Developers
• Material suppliers

Because liability can spread across many players, defending a defect claim often requires a detailed investigation into contracts, scopes of work, and responsibility for the alleged issue.

Defenses to Construction Defect Claims

Defending against a construction defect claim requires a strategic, evidence-based approach. A knowledgeable Denver construction lawyer can raise several defenses depending on the facts of the case:

1. Statute of Limitations and Statute of Repose

Colorado has strict deadlines for filing construction defect lawsuits. Generally, claims must be filed within two years of discovering the defect, and no more than six years after substantial completion of the project (extendable to eight years in some cases). If a homeowner files outside this window, the defense may succeed in dismissing the case.

2. Lack of Causation

Not every property problem is a true defect. For example, natural soil movement, severe weather, or lack of proper maintenance by the owner can cause damage unrelated to construction. Demonstrating a break in causation can limit or eliminate liability.

3. Compliance with Standards

If the contractor or builder complied with Denver’s building codes, manufacturer specifications, and industry standards, they may not be responsible for damages. Expert testimony can establish that the work met professional expectations.

4. Owner Negligence

Property owners must maintain their buildings. If an owner fails to perform routine upkeep — such as cleaning gutters or repairing small leaks — they may share responsibility for resulting damage.

5. Contractual Provisions

Many contracts contain warranties, disclaimers, or limitation clauses that can restrict liability. A construction lawyer will review agreements to determine whether contractual language provides a defense.

6. Repair Opportunities

Colorado’s Construction Defect Action Reform Act (CDARA) requires homeowners to give contractors notice and an opportunity to repair alleged defects before filing suit. If the homeowner skips this step, the claim may be challenged.

The Role of Expert Witnesses

Construction defect cases often hinge on technical details. Engineers, architects, soil scientists, and other specialists can provide critical testimony about whether the alleged defect exists, what caused it, and whether it truly violates standards. A strong defense usually involves building a team of experts early in the case.

Why You Need a Denver Construction Lawyer

Defending against a construction defect claim in Denver involves far more than showing up in court. A seasoned Denver construction lawyer provides value by:

• Investigating claims thoroughly to identify the real cause of problems.
• Preserving evidence before repairs or demolition erase important details.
• Coordinating expert witnesses to strengthen the defense.
• Navigating CDARA requirements and deadlines.
• Negotiating settlements when litigation is not in the client’s best interest.
• Protecting reputation and future business by minimizing public disputes.

Because construction defect cases often involve high stakes — six-figure damages, halted projects, and reputational harm — legal representation is critical from the first notice of a claim.

Preventing Construction Defect Claims

The best defense is sometimes prevention. Contractors and developers in Denver can reduce their risk by:

• Using detailed contracts that clearly define responsibilities.
• Keeping comprehensive records of inspections, materials, and communications.
• Hiring qualified subcontractors and verifying licensing.
• Following Denver building codes and manufacturer guidelines closely.
• Offering and documenting repair efforts promptly when issues arise.

These proactive steps not only protect property owners but also provide a stronger defense if a claim ever arises.

Conclusion

Construction defect claims are a reality in Denver’s fast-growing real estate market. From foundation cracks to water intrusion, homeowners and developers often turn to litigation when projects go wrong. But not every claim is valid, and many disputes can be resolved with strong legal defenses.

If you are a contractor, subcontractor, developer, or design professional facing a defect claim, a trusted Denver construction lawyer can be your best ally. At Baker Law Group, PLLC, we combine deep knowledge of Colorado construction law with hands-on experience defending clients across the Front Range. Our team understands the complexities of defect litigation and works to protect your business, reputation, and bottom line.