Construction Law

Colorado's Construction Defect Action Reform Act (CDARA) requires you to first provide written notice to the contractor specifying the defects and give them a reasonable opportunity to inspect and repair. If they refuse or fail to remedy the defect, you can pursue legal action for damages. 

 Under CDARA, you have two years from the date you discovered the defect. There is also a statute of repose of six to eight years from project completion beyond which claims are time-barred, regardless of discovery. 

A mechanic's lien is a legal encumbrance on a property that protects contractors and subcontractors who performed work but weren't paid. In Colorado, it must be filed within four months of the last day of work or delivery of materials. The filer must also serve a Notice of Intent to Lien on the property owner at least 10 days before filing. 

 Yes, with caution. If the contractor's work is materially defective or incomplete, you may have the right to withhold payment proportional to the deficiency. However, improper withholding can expose you to breach of contract claims. Document everything and get legal advice before withholding final payment. 

 Strongly recommended. Even a small investment in contract review can prevent tens of thousands in disputes later. Key traps include ambiguous scope language, one-sided change order procedures, and liability caps that favor the contractor.