Asserting Construction Defect Claims Beyond A Builder's One Year Warranty
Colorado's picturesque landscapes attract homeowners seeking to build their dream homes amidst the breathtaking scenery. However, the journey from blueprint to reality isn't always smooth, with construction defects often casting a shadow over homeowners' aspirations. While many may be familiar with the one-year "call back" warranties commonly included in construction contracts, it's crucial for Colorado homeowners to understand that these warranties do not restrict their rights under the Colorado Construction Defect Action Reform Act (CDARA). In this article, our construction defect law firm illuminates the path for homeowners, empowering them to assert their rights beyond the confines of one-year warranties.
Defining "Call Back" Warranties
A builder "call back" warranty is a provision commonly included in construction contracts to address defects in materials and workmanship that may arise shortly after completion of a construction project. Under these warranties, builders typically agree to rectify any covered defects identified by homeowners within a specified period, typically one year from the date of completion.
Scope of Coverage
Builder "call back" warranties typically cover a range of issues related to materials and workmanship, including but not limited to:
Structural Defects: Any defects affecting the structural integrity of the property, such as foundation cracks or framing issues, may be covered under the warranty.
Mechanical Systems: Deficiencies in HVAC systems, plumbing, electrical wiring, and other mechanical components may fall within the warranty's scope.
Finishing Work: Issues related to finishing work, such as drywall cracks, paint defects, or flooring problems, may also be eligible for coverage.
Limitations and Exclusions
While builder "call back" warranties offer homeowners a degree of protection, it's essential to recognize their limitations and exclusions. Common limitations and exclusions may include:
Time Limit: "Call back" warranties typically have a limited duration, often lasting for one year from the date of completion. Defects identified after this period may not be covered.
Wear and Tear: Normal wear and tear resulting from regular usage of the property may not be covered under the warranty.
Acts of Nature: Damage caused by natural disasters, such as floods, earthquakes, or storms, may be excluded from coverage.
Unauthorized Alterations: Any alterations or modifications made to the property by the homeowner or third parties without the builder's consent may void the warranty.
Cosmetic Issues: Minor cosmetic defects that do not affect the property's functionality or structural integrity may not be covered.
The Myth of Warranty Limitations in Construction Defect Claims
One common misconception among homeowners is that the presence of a "call back" warranty limits their ability to seek any addition remedies against a builder for faulty workmanship or construction defects. Unfortunately, many homeowners forego asserting valid claims for faulty workmanship or construction defects under the mistaken belief that such claims are barred if they arise after the warranty period ends.
Contrary to common misconceptions, Colorado homeowners possess robust rights under CDARA, irrespective of any "call back" warranties included in their construction contracts. With respect to residential construction, the Homeowner Protection Act of 2007 voids any waiver or limitation of rights, remedies, or damages provided under CDARA. CDARA serves as a powerful tool for homeowners, offering protection and recourse in the event of construction defects affecting their properties' structural integrity, safety, or habitability beyond any "call back" warranty expiring.
CDARA grants homeowners the right to pursue legal action against builders, subcontractors, and design professionals responsible for construction defects. Importantly, CDARA establishes specific procedures for initiating defect claims, including providing notice to the responsible parties and allowing them an opportunity to inspect and remedy the defects. Additionally, CDARA encourages alternative dispute resolution methods such as mediation or arbitration, fostering efficient resolution while minimizing litigation costs.
Navigating the Legal Landscape with a Construction Defect Law Firm
For Colorado homeowners grappling with construction defect challenges, navigating the legal landscape can seem daunting. However, with the guidance of experienced a construction defect law firm specializing in construction defect law, homeowners can assert their rights with confidence. By understanding the interplay between "call back" warranties and CDARA, homeowners can effectively protect their investments and ensure the integrity of their homes.
Conclusion
As Colorado continues to thrive and evolve, homeowners deserve peace of mind knowing that their rights are protected in the face of construction defects. While "call back" warranties may offer temporary relief, they do not diminish homeowners' entitlement to the robust protections afforded by CDARA. By embracing their rights under CDARA and seeking guidance from a knowledgeable construction defect law firm, Colorado homeowners can navigate the complexities of construction defect claims and safeguard their homes for generations to come.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.