This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Colorado Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
The Colorado Construction Defect Action Reform Act, which passed in 2001, requires homeowners to let builders know about any defects they find before suing. The goal was to allow developers to either fix the problems or pay the owner instead of going to court.
The Trust Statute provides that a general contractor or subcontractor that has received monies for work on a construction project must use those monies on that particular project.
Colorado doesn't have any specific, statutory requirements for construction contracts. Generally, there are always certain provisions that should be included in a contract, such as a price, schedule, the scope of work, etc.
The ?implied warranty? is a promise that Colorado law is ?implied? into every contract for a sale of a new home that the home was built in a workmanlike manner and is suitable for habitation. Defense attorneys dislike the implied warranty claim because it is akin to a strict liability standard.
CDARA was implemented in 2003 to address a perceived crisis in the Colorado construction industry, caused by a surge in litigation over construction defects. The law aims to limit frivolous claims and encourage dispute resolution by imposing procedural requirements before a lawsuit can be filed.
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.
In Colorado, the statute of limitations for construction defect claims is governed by the Colorado Construction Defect Action Reform Act (CDARA). Under CDARA, a claimant must file a lawsuit within two years from the date they discover or should have discovered, the defect and the resulting damages.