What Should You Do When a Contractor Does Poor Work in Colorado?
If a contractor performs defective, incomplete, or substandard work on your home, you may have legal claims for breach of contract, breach of warranty, negligent construction, or other construction-related damages.
Before suing a contractor for poor workmanship, it is important to document the defects, review the construction contract, determine what repairs are actually necessary, and understand Colorado’s construction-defect notice requirements.
1. Review the contract:
Start with the contract, proposal, change orders, plans, specifications, warranties, and other documents governing the work.
Important provisions may address:
- The contractor’s scope of work
- Required construction standards
- Warranties
- Change orders
- Payment obligations
- Deadlines and delays
- Dispute-resolution requirements
- Attorney fees
- Termination rights
Even when a written contract contains warranty limitations or disclaimers, those provisions do not necessarily eliminate every potential claim or remedy. Colorado law may recognize additional contractual, statutory, or common-law rights depending on the circumstances.
2. Document the Poor Workmanship
Photograph and video defective, incomplete, or damaged work before repairs are performed.
Keep copies of emails, text messages, invoices, change orders, inspection reports, payment records, and communications in which the contractor discusses the problem or promises to correct it.
A clear timeline of what happened can become important evidence if the dispute results in litigation.
3. Obtain an Independent Inspection
For significant defects, consider having the work evaluated by an independent construction professional.
Depending on the problem, this might include a contractor, engineer, architect, building-envelope consultant, roofing consultant, or other qualified expert.
An independent inspection can help determine whether the work is actually defective, what caused the problem, what repairs are required, and the likely cost of those repairs.
4. Understand Colorado’s CDARA Notice-of-Claim Process
When a homeowner intends to pursue a construction-defect action against a construction professional, Colorado’s Construction Defect Action Reform Act generally requires a written Notice of Claim before the lawsuit is filed.
For residential property, the notice generally must be provided at least 75 days before filing the action. The process gives the construction professional an opportunity to inspect the claimed defects and potentially offer to repair the work or settle the claim.
Because CDARA affects the timing and handling of construction-defect claims, homeowners should evaluate the notice requirements before filing suit.
File a Construction Defect Lawsuit
If you are unable to resolve the issue, you may need to file a lawsuit in court. In most cases, you will need to hire a lawyer for suing a contractor for poor workmanship to represent you and prepare your case.
Mediation or Arbitration
Before going to trial, you may be required to attend mediation or arbitration to try to reach a settlement.
Go to Trial
If mediation or arbitration is unsuccessful, the case may proceed to trial. The judge or jury will hear the evidence and decide the outcome of the case.
What Damages Can a Homeowner Recover?
If a contractor’s poor workmanship causes construction defects or property damage, a homeowner may be entitled to recover damages depending on the nature of the defect, the contract, and the claims that can be proven.
Under Colorado’s Construction Defect Action Reform Act, recoverable “actual damages” may include the reasonable cost to repair the construction defect, subject to statutory limitations. In some circumstances, damages may instead be measured by the replacement cost or value of the property.
Depending on the facts of the case, a homeowner may also be able to recover:
- Cost of repairs: The reasonable cost of correcting defective or incomplete construction.
- Damage to other property: Costs associated with repairing property damaged as a result of the defective work.
- Relocation or loss-of-use costs: For residential property, certain direct economic losses associated with being unable to use the home may be recoverable.
- Interest: Prejudgment or other interest may be available where permitted by law.
- Attorney fees and litigation costs: These may be recoverable when authorized by the construction contract or another applicable law.
- Other damages: Additional remedies may be available when the facts support separate statutory or legal claims.
The amount a homeowner can recover is highly dependent on the particular facts and legal claims involved. Colorado law also places limits on damages that may be recovered from construction professionals, so the cost of repairing the work is not necessarily the same as the amount ultimately recoverable in a lawsuit.
