Construction Defects: Understanding Who Is Liable

December 20, 2025

Engineer checking defect in construction site about surface of concrete floorConstruction projects bring together contractors, developers, architects, engineers, and suppliers, each with specific roles and responsibilities. When a defect appears, figuring out who is accountable can quickly become complicated. Construction defects can reduce a property’s value, cause long-term structural problems, and lead to safety hazards or financial losses. Knowing who may be liable and what legal options are available is essential to protect your investment.

At Reha Goodwin Caras, we assist homeowners, builders, and developers in Littleton, Colorado, with construction defect disputes. We approach each case strategically, combining negotiation, litigation, and practical solutions to achieve favorable outcomes.

Understanding What Constitutes a Construction Defect

A construction defect occurs when faulty design, poor workmanship, or substandard materials cause a structure to fail or perform below industry standards. Some problems appear immediately, while others take years to surface, often after a property has been sold or occupied.

Common examples of construction defects include:

  • Cracked foundations, sagging roofs, or structural instability
  • Leaking windows, water intrusion, or mold from inadequate sealing
  • Faulty electrical wiring, plumbing leaks, or malfunctioning HVAC systems

These defects can be patent (easily seen) or latent (hidden and discovered later). Both types can have serious consequences. Consulting a construction defect lawyer ensures proper documentation, investigation, and identification of the responsible parties before pursuing a claim.

Determining Liability for Construction Defects

Multiple parties may share liability depending on the nature of the defect and the contracts involved. Commonly responsible parties include:

  • Contractors and subcontractors who use improper techniques or low-quality materials
  • Architects and engineers who make design errors or fail to oversee work properly
  • Developers or property owners who neglect safety compliance or project supervision
  • Manufacturers or suppliers who provide defective components or materials

Establishing liability requires expert evaluation, detailed review of project records, and evidence that the defect caused measurable damage. Our firm analyzes contracts, inspections, and correspondence to build strong claims that identify every accountable party.

If you believe your property has suffered from a construction defect, contact our firm today to speak with a knowledgeable attorney about your options for recovery.

Pursuing Recovery Under Colorado Law

In Colorado, construction defect cases are governed by the Construction Defect Action Reform Act (CDARA). This statute requires property owners to provide written notice to the responsible party before filing a lawsuit. The notice gives the contractor or builder the opportunity to inspect and repair the issue, which may resolve the matter without court involvement.

To pursue recovery effectively, property owners should:

  • Obtain an independent professional inspection to verify the defect
  • Preserve evidence, photographs, and records of damage and repairs
  • Follow CDARA procedures by sending a timely notice of the defect
  • Allow the contractor a reasonable period to inspect and propose a resolution

Working with a construction law attorney in Colorado ensures that each procedural requirement is met and your right to recovery remains protected. To learn more about our legal services, visit our practice areas page.

Preventing Construction Disputes Before They Arise

Many construction disputes can be prevented through careful planning, clear documentation, and ongoing oversight throughout the project. Proactive communication between property owners, contractors, and designers helps ensure that expectations are aligned from the start. Establishing clear quality standards, monitoring progress regularly, and addressing small issues early can prevent them from developing into costly legal conflicts later. Property owners and developers can protect themselves by:

  • Hiring qualified professionals with verified credentials and a strong record of performance
  • Using detailed contracts that specify materials, performance standards, and timelines
  • Including warranties and dispute resolution clauses that clarify each party’s responsibilities

Our attorneys provide contract review and project oversight to identify potential risks before they escalate. Preventive legal measures are often the most effective way to save time, money, and stress during a construction project.

Building a Path to Resolution

At Reha Goodwin Caras, we guide clients through every step of the construction defect process, from the first consultation and inspection to negotiation or trial. Our firm represents homeowners, contractors, and developers across Littleton, Colorado, offering clarity, persistence, and legal protection at every stage of a dispute.

If your property has been affected by construction defects, our team is ready to help you pursue financial recovery and restore confidence in your investment. Contact us today to schedule a consultation and learn how our firm can help you achieve a fair resolution.

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