Custom Home Construction Defects in Colorado
At Elkus & Sisson, P.C., our Colorado construction defect attorneys represent custom home owners facing costly and disruptive building failures. Custom homes often involve one off architectural details, specialty trades, and non standard assemblies. When defects arise, the damage can be extensive, and the repair plan often requires careful sequencing to protect high end finishes and preserve the home’s design intent. We manage the full process, including forensic investigation, CDARA notices, negotiations, and construction litigation when needed.
Custom builds are rarely simple. Complex roof lines, large window packages, indoor outdoor transitions, cantilevers, and high performance building envelope systems can fail when design and installation do not align. If you are seeing leaks, cracking, condensation, uneven floors, or persistent comfort issues, the problem may indicate a construction defect, not routine maintenance.
Elkus & Sisson, P.C. provides construction defect representation across Colorado. We help homeowners evaluate the cause, preserve evidence, follow CDARA requirements, and pursue accountability through settlement discussions or litigation.
Signs Your Custom Home May Have a Construction Defect
Custom home defects can show early or appear after seasonal cycles. Common warning signs include:+
- Recurring roof leaks, ice dam moisture, or ceiling staining
- Water intrusion around large windows, doors, or multi panel slider systems
- Cracking in drywall, tile, concrete, brick, or foundations, especially widening or stair step patterns
- Doors and windows that stick, rack, or fall out of alignment
- Persistent condensation, fogging between panes, or moisture inside wall cavities
- Musty odors, visible mold, wet insulation, or repeated interior finish failures
- Uneven floors, bouncing, sagging beams, or movement near cantilevers
- Premature failure of stucco, stone, siding, or paint, including bubbling, peeling, or rot
- Deck, balcony, or rooftop terrace leaks, soft spots, or loose railings
- HVAC hot and cold zones, high humidity, or ventilation issues that do not improve with service calls
Common Construction Defects in Custom Homes
High rise construction defect claims typically involve multiple categories, often with building wide impacts.
Building Envelope Failures and Water Intrusion
High end finishes do not prevent water intrusion when flashing, glazing, and waterproofing details are incorrect. Common failures include roof to wall transitions, windows and doors, decks and balconies, stucco or stone veneer drainage details, and leaks at penetrations like vents, skylights, railings, lighting, and utility lines.
Structural Defects and Movement
Custom homes with long spans and engineered components can develop serious problems when load paths, connections, or soils prep are off. Typical issues include settlement or heave, inadequate footings or reinforcement, framing and beam sizing errors, excessive deflection or vibration, and retaining wall failures tied to drainage and compaction.
Drainage, Grading, and Site Work Problems
Poor grading and drainage can direct water toward the home and create persistent foundation, basement, or crawlspace moisture conditions. Frequent defects include negative grading, downspouts dumping too close to foundations, insufficient swales or drains, and flatwork drainage failures that push water back to the structure.
Mechanical, Plumbing, and Indoor Air Quality Issues
Complex HVAC and plumbing systems can create comfort, humidity, and concealed leak problems when design or installation falls short. Common defects include HVAC sizing or balancing and ventilation failures, condensation from insulation or air sealing gaps, plumbing leaks behind walls or under slabs, and electrical or life safety code compliance issues.
Who May Be Responsible
Custom home construction defect claims often involve shared responsibility across the design team, builder, and specialty trades. Determining liability usually turns on contracts, scopes of work, change orders, and who controlled key decisions in the field.
Homeowner vs. Builder Responsibility
In many custom builds, owners select finishes, approve design changes, and sometimes hire certain vendors directly, which can shift responsibility. As a general rule, the builder remains responsible for coordinating trades, sequencing work, and delivering a home that meets plans, code, and accepted workmanship standards.
Builder and General Contractor
Typically the primary party responsible for overall supervision, scheduling, and coordination of trades and assemblies. Common exposure includes missed flashing and waterproofing integration, poor sequencing at transitions, and failure to manage trade overlap.
Architects and Engineers
Design professionals may be responsible where plans or specifications are deficient, including roof geometry and drainage detailing, structural design and load paths, and HVAC or plumbing design and coordination. Liability issues often arise from omissions, incompatible details, or insufficient constructability planning for complex custom features.
Subcontractors and Specialty Trades
Trades such as roofers, framers, window and door installers, stucco and stone contractors, waterproofers, flatwork crews, plumbers, HVAC contractors, and electricians are commonly named for defects within their scopes. Many recurring problems come from trade interface failures, like window installation tied to flashing, waterproofing, and exterior cladding integration.
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 a High Rise Owner or HOA May Pursue
We rely on qualified forensic experts and cost estimators, not guesswork, to quantify your losses:
Cost of Repair and Remediation
Recovery for the reasonable cost to correct defective work, including related demolition, rebuild, and code compliant repairs needed to restore intended performance.
Consequential Interior Damage
Compensation for resulting damage to finishes and materials, such as drywall, flooring, cabinetry, trim, paint, tile, and personal property affected by leaks, movement, or moisture.
Relocation and Loss of Use
Reasonable temporary housing and related living expenses if repairs make the home unsafe or require you to vacate all or part of the residence.
Investigation and Expert Costs
Recovery of reasonable inspection, testing, invasive evaluation, engineering, and estimating expenses as allowed.
What to Do if You Suspect a Custom Home Construction Defect
Early steps often shape the strength of a claim. Consider:
- Documenting symptoms with photos, dates, and location notes
- Saving communications with the builder, warranty company, architects, and trades
- Keeping invoices and records of attempted repairs and water mitigation
- Avoiding broad repairs that erase evidence, unless safety requires immediate work
- Getting legal review before signing releases, warranty settlements, or repair agreements that limit rights
How Elkus & Sisson Helps Custom Homeowners
Custom home cases require careful evidence preservation and a repair plan that respects the home’s design and materials. Our approach is practical and evidence driven:
- Investigation and documentation, coordinating qualified engineers, envelope consultants, and other specialists to confirm cause and scope
- Claim organization, building a defect matrix tied to plans, specifications, product data, and code requirements
- CDARA process management, handling notices, inspections, documentation, and responses to protect leverage
Litigation readiness, preparing cases for meaningful negotiation, mediation, or trial when responsible parties deny or minimize the defects
Why Choose Elkus & Sisson for Your Custom Home Construction Defect Claims?
As experienced commercial construction defect lawyers, we bring a business-first strategy and deep forensic resources to drive efficient, defensible recoveries for High Rise 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 Custom Home 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…
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Frequently Asked Questions
My custom home passed inspections, can it still have defects?
Yes. Municipal inspections can miss issues, and some failures only appear after weather cycles or occupancy. A forensic review focuses on performance, not just whether something passed at one point in time.
What if the builder says the issues are normal settling?
Some movement can be expected, but widening cracks, sticking doors, repeated leaks, or measurable deflection can indicate a defect tied to soils, structure, or drainage. The details matter.
How long does a custom home construction defect case take?
Timeframes vary based on defect type, investigation scope, number of parties, and whether the builder offers a meaningful repair plan. Some cases resolve after the CDARA notice and inspection process, others proceed into construction litigation.
Do I have to let the builder repair the home?
CDARA provides a process that includes notice and an opportunity to inspect and offer repair or settlement. Whether a proposed repair is acceptable depends on scope, sequencing, and protection of the home’s finishes and performance.
Schedule Your Free Case Evaluation
Don’t risk missing critical deadlines. Contact Elkus & Sisson, P.C., construction defect attorneys, for a focused assessment of your community’s defects and your legal options.
