Condo & Townhome Construction Defects in Colorado
At Elkus & Sisson, P.C., our condominium and townhome construction defect attorneys represent HOA boards, individual owners, and communities across Colorado. We handle the process from expert evaluation to negotiation and litigation, protecting your property from construction issues.
Buying a condominium or townhome is often one of the largest investments you’ll make. When you discover foundation cracking, roof leaks, drainage problems, soil issues – you are not just dealing with a repair bill; it’s a construction defect problem that can threaten safety, value, and livability.
At Elkus & Sisson, P.C., we litigate these cases. We represent individual owners and HOA boards across Colorado, coordinating experts, navigating CDARA’s pre-suit “Notice of Claim” (NOC) process, and trying cases when necessary.
Common Defects in Colorado Condo & Townhome Communities
In multi-family buildings, a problem in one unit often points to a broader, property-wide failure. We investigate and pursue claims involving:
Building-Envelope Failures
Frequent culprits include roofs, windows, and wall assemblies. We handle complex claims involving roof defects and window leaks that damage insulation, framing, drywall, flooring, and personal property across multiple units.
Structural & Soil Movement
Colorado’s expansive clay (including bentonite) can heave or settle foundations and slab-on-grade floors. If you’re seeing differential movement, cracking, or out-of-level slabs, check out structural defects.
Noise & Acoustics
Party walls and floor/ceiling assemblies should meet applicable sound-transmission requirements. If normal conversation carries between units, assemblies may be non-compliant or improperly built.
Drainage & Grading
Poor grading and defective drainage at common areas cause ponding, ice buildup, saturated soils, and premature failure of asphalt, concrete, and landscaping.
Who May Be Responsible
Multi-unit claims are complex. Identifying who can sue and who may be liable is the first step.
HOA vs. Unit Owner Claims
As a general rule, the HOA pursues claims for Common Elements (roofs, exterior walls, foundations, amenities), while individual owners bring claims for damage within their unit interiors. We coordinate these tracks so nothing falls through the cracks.
Developer & General Contractor
Typically primary defendants for delivering a project that should meet code and accepted workmanship standards.
Architects & Engineers
Design professionals may be liable where plans or specifications are deficient (e.g., inadequate drainage, insufficient structural detailing).
Subcontractors
Trades such as roofers, framers, window installers, and stucco contractors are commonly named for defects within their scopes.
Your Rights Under CDARA (Colorado Law)
The Construction Defect Action Reform Act (CDARA) sets mandatory steps and deadlines for construction-defect claims:
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.
These timelines are unforgiving and fact-specific. Do not guess. Contact us to evaluate your timelines and protect your claims.
Damages We Pursue
We rely on qualified forensic experts and cost estimators, not guesswork, to quantify your losses:
Developer & General Contractor
Typically primary defendants for delivering a project that should meet code and accepted workmanship standards.
Diminution in Value
Compensation for any proven market-value loss tied to stigma or non-repairable conditions.
Relocation/Use Loss
Reasonable temporary housing and related living expenses if repairs require you to vacate.
Investigation Costs
Recovery of reasonable expert, testing, and invasive-exam expenses as allowed.
Why Choose Elkus & Sisson for Your Townhome or Condo Claim?
As experienced commercial construction defect lawyers, we bring a business-first strategy and deep forensic resources to drive efficient, defensible recoveries for commercial property owners.
Trial-Ready Litigators
Insurers and builders take cases seriously when they know we will try them.
Forensic Firepower
We work with top regional forensic architects, structural and geotechnical engineers, and building-envelope specialists to prove causation and cost.
Aligned Fees
We often handle construction-defect matters on a contingency fee basis – no attorneys’ fees unless we obtain a recovery (costs may be advanced and reimbursed from the settlement).
Our Condo & Townhome Construction Defect Attorneys
At Elkus & Sisson, P.C., our team of experienced attorneys is dedicated to helping property owners across Denver, Aurora, Boulder, and beyond navigate construction defect claims. We have a proven track record of success in holding contractors, developers, and builders accountable for defective work and ensuring our clients receive the compensation they deserve.
Donald Sisson
Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…
Reid Elkus
Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…
Client Stories
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Frequently Asked Questions
Can I sue if the HOA won’t act?
Often, individual owners can pursue claims for damage within their units. Claims for Common Elements usually belong to the HOA. We advise owners’ groups on options to prompt board action and to coordinate individual and community claims.
How long will a construction-defect case take?
Timelines vary with building size, number of parties, and expert discovery. Many multi-party cases resolve 12–24 months from Notice of Claim to settlement or trial, but some proceed faster and others take longer. We move efficiently without compromising results.
Will a lawsuit hurt my property value?
Construction defects themselves depress value. The goal of a claim is to fund proper repairs and address stigma. Communities often see values stabilize or improve after defects are corrected.
Who pays for the investigation?
In contingency matters, we commonly advance reasonable expert and testing costs and seek reimbursement from the recovery, subject to the fee agreement.
Schedule Your Free Case Evaluation
Don’t risk missing critical deadlines. Contact Elkus & Sisson, P.C.,condos and townhome attorneys, for a focused assessment of your community’s defects and your legal options.
