Apartment Construction Defects in Colorado
At Elkus & Sisson, P.C., our apartment construction defect attorneys advocate for property owners, tenants, and management entities throughout Colorado. We manage everything from initial assessments to negotiations and courtroom proceedings, safeguarding your residence or investment against building flaws.
Our team at Elkus & Sisson litigates these matters. We support individual tenants, property owners, and associations statewide, assembling specialists, adhering to CDARA’s pre-litigation “Notice of Claim” (NOC) protocol, and pursuing trials as needed.
Common Defects in Colorado Apartment Communities
Building Envelope Failures and Water Intrusion
- Roof defects and flashing failures
- Window and door leaks
- Siding or stucco installation problems
- Improper sealing at penetrations, vents, and transitions
Structural Defects and Soil Movement
- Settlement, heave, or differential movement
- Cracked or out of level slab on grade floors
- Inadequate footings, reinforcement, or load paths
- Framing errors that lead to sagging or shifting
Mechanical and Systems Issues
- HVAC installation issues and condensation problems
- Plumbing leaks behind walls or under slabs
- Electrical or life safety concerns tied to code compliance
Drainage, Grading, and Site Work Problems
- Negative grading near the foundation
- Inadequate swales or drainage systems
- Downspouts that discharge too close to the structure
- Retaining wall failures tied to drainage and compaction
Who May Be Responsible
Apartment defect claims involve multiple layers. Pinpointing liable parties and who can claim is essential.
Your Rights Under CDARA (Colorado Law)
Notice of Claim
MANDATORY PRESUIT
Before filing suit, owners/HOAs must provide a written notice and allow inspections and an opportunity to offer to repair. We manage the notice process and inspections so your case keeps moving and your rights are preserved.
Statute of Limitations
GENERALLY 2 YEARS
Generally two years from when you knew or should have known of the physical manifestation of a defect.
Statute of Repose
GENERALLY 6 YEARS (UP TO 8 YEARS)
Generally six years from substantial completion of the improvement; in some circumstances this can extend up to eight years.
Damages We Pursue
A construction defect claim is often about funding real fixes, not temporary patches. Depending on the case, damages may include:
Cost of Repair
Diminution in Value
Relocation/Loss of Use
Investigation Expenses
Why Choose Elkus & Sisson for Your Apartment Claim?
Opponents respond earnestly knowing our courtroom readiness.
Collaborating with premier forensic professionals, engineers, and envelope experts to establish cause and expenses.
Fee Alignment
No legal fees without success (costs potentially advanced and recouped per agreement).
Our Apartment Construction Defect Attorneys
Donald Sisson
Reid Elkus
Client Stories
From the date I contacted Colorado Accident Attorneys I talked to Angela De La Garza I knew I had found a great lawyer. Back in 2019 I needed a Lawyer; for my husband, he had a very bad fall on Nov 27,2019,…
We contacted Colorado Accident Attorneys about a legal issue. My husband’s call was returned promptly. Our experience was five stars all the way through the process. Brad Hansen was the attorney and Angela De La Garza his assistant. Both treated us with…
Frequently Asked Questions
Can tenants sue if the owner ignores issues?
Yes, tenants often can claim for habitability breaches in their units. Broader property claims may fall to owners. We counsel on urging action and coordinating claims.
How long might an apartment defect case last?
Varies by scale, involved entities, and investigations. Multi-unit disputes often settle in 12–24 months post-Notice, though timelines fluctuate—we prioritize efficiency without shortcuts.
Could a lawsuit devalue the property?
Defects themselves reduce appeal. Claims aim to finance corrections and mitigate concerns, frequently stabilizing or boosting values post-repair.
Who covers upfront investigations?
In contingency setups, we typically front reasonable expert costs, seeking recovery from resolutions as per terms.
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