High Rise Construction Defects in Colorado
At Elkus & Sisson, P.C., our Colorado construction defect attorneys represent homeowners associations, building owners, and unit owners dealing with high rise construction defects that create safety concerns and costly repairs. High rise claims often involve building envelope failures, recurring water intrusion, mechanical system defects, and code compliance problems that affect multiple floors and shared infrastructure. We handle the full process, including engineering investigations, CDARA notices, HOA governance requirements, negotiations, and construction litigation when needed.
High rises are complex. Curtain wall systems, podium decks, parking structures, stacked plumbing, and centralized HVAC create interdependent failures. When you see leaks across multiple units, persistent condensation, elevator lobby staining, garage cracking, or repeated fire alarm issues, the problem is often more than maintenance. It can indicate a construction defect tied to design errors, installation mistakes, material failures, or code violations.
Elkus & Sisson, P.C. provides construction defect representation across Colorado. We help you identify what is happening, preserve evidence, follow CDARA requirements, and pursue accountability through negotiated resolution or litigation.
Signs Your High Rise May Have a Construction Defect
Some issues show up soon after occupancy. Others surface over time as water and movement stress the building. Common warning signs include:
- Water staining at windows, curtain wall joints, or exterior wall transitions
- Recurring unit leaks, especially near stacks, risers, or wet walls
- Condensation on windows, within wall cavities, or around HVAC registers
- Musty odors, visible mold, or repeated drywall and flooring repairs
- Cracking in garage slabs, podium decks, stairs, or structural walls
- Balcony, terrace, or amenity deck leaks and soft spots
- Wind noise, drafts, or temperature swings near glazing
- Elevated humidity, poor ventilation, or persistent indoor air quality complaints
- Firestopping gaps, failed penetrations, or unresolved life safety deficiencies
- Drainage failures, ponding water, or ice buildup near entries and plazas
Common Construction Defects in High Rise Buildings
High rise construction defect claims typically involve multiple categories, often with building wide impacts.
Building-Envelope Failures
High rise exterior assemblies need to perform as one continuous barrier against wind loads, temperature swings, and pressure differences. Frequent failures involve curtain wall and glazing systems, window and door transitions, façade attachments, penetration waterproofing, and balcony, terrace, or rooftop deck waterproofing.
Structural and Concrete Defects
Concrete high rises and podium structures can crack and shift over time, and the pattern and location of cracking often signal whether it is cosmetic or structural. Common concerns include reinforcement or load transfer defects, post tension and slab performance problems, garage or podium cracking tied to waterproofing and drainage, and excessive deflection or vibration that impacts finishes and building systems.
Mechanical, Plumbing, and HVAC System Defects
Centralized, stacked building systems can drive recurring problems that repeat across multiple units when a single component fails. Typical issues include plumbing stack leaks, HVAC and ventilation imbalance with condensation, make up air and pressurization deficiencies that trap moisture, and poor access for maintenance that leads to ongoing breakdowns.
Life Safety and Code Compliance Issues
High rise buildings have strict life safety requirements, and small installation gaps can create serious risk across multiple floors. Common defects include failed firestopping at penetrations and shafts, sprinkler or alarm deficiencies, stairwell pressurization and smoke control problems, and egress or accessibility issues tied to code compliance.
Drainage, Plaza, and Site Work Problems
Site water management problems can affect garages, podium edges, entrances, and landscaped areas by pushing water where the structure is most vulnerable. Common issues include ponding on decks and plazas, poor or clogged drainage design, intrusion into below grade spaces, and early deterioration of exterior flatwork and retaining systems.
Who May Be Responsible
High rise construction defect claims often involve layered responsibility across multiple entities.
HOA vs. Unit Owner Claims
As a general rule, the HOA pursues claims for Common Elements like the building enclosure, structural components, life safety systems, and shared mechanical shafts and risers. Individual owners typically bring claims for damage within their unit interiors, like drywall, flooring, and personal property affected by leaks or system failures. These tracks are often coordinated so the full scope of damages is addressed without gaps.
Developer and General Contractor
Typically primary defendants responsible for delivering a high rise that meets code, contract requirements, and accepted workmanship standards, including overall coordination of trades and building wide performance.
Architects and Engineers
Design professionals may be responsible where plans or specifications are deficient, including enclosure detailing, structural design, MEP coordination, pressurization and smoke control, drainage design, or system sizing and performance criteria.
Subcontractors and Trade Contractors
Specialty trades such as curtain wall installers, waterproofers, roofers, plumbers, HVAC contractors, firestopping crews, and concrete or post tension teams are commonly named for defects within their scopes and repeated failures across floors.
Who Can Bring the Claim
Depending on the defect location and governing documents:
- HOA or condominium association, commonly for common elements and shared systems
- Building owner or investor group, particularly in mixed use or rental high rises
- Individual unit owners, for unit level damages or when coordination with association action is needed
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:
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.
How Elkus & Sisson Helps with High Rise Construction Defect Claims
High rise claims require coordination, building science, and disciplined documentation. Our approach is practical and evidence driven:
- Investigation planning, coordinating qualified engineers and consultants and organizing intrusive testing where necessary
- Scope and defect mapping, building a defect matrix tied to plans, specifications, code requirements, and observed conditions
- CDARA process management, handling notices, inspections, and response deadlines to protect leverage
- HOA governance guidance, supporting the association through disclosure, meeting, and voting requirements
- Litigation readiness, preparing cases to position them for meaningful negotiation, mediation, or trial
Why Choose Elkus & Sisson for Your High Rise 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 High Rise 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 our HOA bring a high rise construction defect claim?
Often yes, especially for common element defects like façades, roofs, garages, and shared plumbing or HVAC infrastructure. The HOA typically must follow governance requirements such as disclosures, meetings, and owner voting before proceeding.
What if the builder says the leaks are just maintenance?
Repeated water intrusion and building envelope failures are often not routine. The cause can relate to design detailing, installation, or materials. A structured investigation helps determine whether the issue fits a construction defect claim.
How long does a high rise construction defect case take?
Timeframes vary based on building size, number of responsible parties, the investigation scope, and the level of dispute. Some cases resolve after the CDARA notice and inspection process, others proceed through litigation.
Does filing a claim affect financing or resale?
Pending defect claims and unresolved building issues can impact marketability. Many claims are pursued to secure funding for proper repairs and documentation that supports long term stability.
Schedule a Case Evaluation
If your Colorado high rise is experiencing recurring leaks, façade issues, HVAC failures, garage cracking, or life safety concerns, Elkus & Sisson, P.C. can review the facts, explain CDARA and HOA requirements, and outline practical next steps with a construction defect lawyer.
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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.
