Edwards Attorneys Handle Cases Relating to Construction Defects

Colorado firm advocates for clients in cases involving poor design and workmanship

Substandard construction can lead to significant financial losses and, in some cases, physical injuries. Given the seriousness of these cases and the amount of development in Colorado over the past couple of decades, lawmakers passed the Construction Defect Action Reform Act (CDARA) to govern claims involving allegations of faulty design, workmanship and materials. If you are a residential or commercial property owner who believes a building or repair project was not properly done, you need an attorney who is well versed in CDARA standards and who has successfully handled claims under the law. Heckman & O’Connor P.C. in Edwards has a track record of securing favorable results in construction defect cases. For more than four decades, our attorneys have provided strong advocacy to residents of Vail Valley communities, including Vail, Eagle, Gypsum, Avon, Minturn and Leadville. We can examine the facts in your case to determine what type of resolution you should pursue.

Types of construction defects

There are several different types of construction defects that can significantly reduce the value of a property and possibly put people in danger. They include the following: 

• Poor design — Errors in architectural or engineering plans might cause serious problems, even if the rest of the construction process is flawless. For example, a roof that is not designed correctly could be the cause of substantial water damage.
• Substandard materials — In an effort to cut costs, contractors sometimes don’t use sufficient building materials. It can be difficult for property owners to tell if the materials installed were substandard or insufficient. We review the facts thoroughly and consult with experts if there is a discrepancy as to whether the materials used were appropriate. 
• Shoddy workmanship — Mistakes or negligence during construction could result in uneven flooring, improperly installed windows, faulty plumbing or numerous other problems. 
• Failure of operational systems — When systems related to heating, cooling, electricity, sewage or water don’t function properly, a residence or business property might be unusable. 

Construction defects can range from minor issues to major structural failures that require extensive repairs. The notice-of-claim provisions in CDARA mean that you need to act quickly if you’ve identified a problem. You can rely on us for knowledgeable insight and strong advocacy if a claim exists.

Potential legal claims in construction defect cases

Our construction law attorneys are highly experienced in litigating legal claims associated with residential and commercial construction defect cases. Causes of action can include the following:

• Breach of contract — When a contractor or builder fails to meet contractually agreed-upon project standards or timelines, potential remedies could include restitution or an order requiring specific performance.
• Negligence — If a construction professional’s carelessness leads to property destruction or injuries, victims can seek damages to address their losses. 

• Breach of warranty — Many project agreements included express and implied warranties regarding materials, workmanship and performance. We can evaluate any applicable contract language and advise you of your options for obtaining relief under the circumstances. 
• Strict liability — In some cases, manufacturers and contractors may be held liable for defects regardless of intent and without having to prove negligence. 

In each case, we aim to accomplish our clients’ objectives as completely and efficiently as possible. We can often do this outside of court through settlement negotiation, mediation or arbitration. Should going to trial offer the best opportunity for a successful resolution, we are always prepared to do that. Our firm also represents contractors, subcontractors and suppliers to establish mechanic’s liens when full payment is not provided. 

Contact a knowledgeable Colorado lawyer to discuss a construction defect claim

Heckman & O’Connor P.C. represents Colorado clients in negotiations and litigation relating to construction defect claims. Our firm is in Edwards and has served individuals and businesses throughout the Vail Valley for decades. Please call 970-926-5991 or contact us online for a consultation.