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What You Need to Know About Construction Defect Litigation

construction-deficit-litigationRecent rulings on construction defect laws in Colorado could have a significant impact throughout the country. JD Supra reports on this in a recent article titled “Precedent Set in Colorado Construction Defect Law.”

Roy Bash, Amy Hansen, G. Edgar James, Richard Murray, and Ryan Warren of JD Supra write, “On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued its published decision in the Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. case. In this appellate case, Polsinelli drafted and filed an amicus curiae brief, a ‘friend of the court’ brief, on behalf of a coalition of developers, chambers of commerce, trade organizations, and business organizations, presenting arguments that declarations requiring declarant consent prior to the removal of an arbitration provision by homeowners are valid and enforceable under the Colorado Common Interest Ownership Act (‘CCIOA’). The published appellate decision addressed a major problem in Colorado’s construction defect laws that Senate Bill 177 was designed to correct – if the declaration includes a requirement that an arbitration clause cannot be removed without the declarant’s consent, that declaration means what it says, and that requirement is enforceable.”

For those considering construction defect litigation, the Chicago Tribune offers some advice in a recent article titled “Suing over construction defects? Expert witness is key.” Tim Carter of the Chicago Tribune writes, “Only a small percentage of lawsuits actually make it to a bench trial. But in my experience, when they do go to trial lawsuits like this are won and lost by the expert witnesses. The judge and juries use the reports and testimony of these people to try to determine who’s at fault in a lawsuit. The expert witness reports and findings are like playing cards in an expensive game of poker. If you hire a fantastic expert witness that produces an ironclad report listing all of the defects in your job, connecting them back to building code violations and/or failures to install products as stipulated by the written instructions from manufacturers, you’re holding a royal flush in your hand. That’s a hard hand to beat. You do not want a report that is a summary of subjective findings about the quality of workmanship. That’s useless information that will not help you win.”

At the end of the day, no matter what happens with your lawsuit, you still have to get construction defects fixed. When it comes to construction defect repair, you can count on Platinum Exteriors NW.

At Platinum Exteriors NW, we follow strict requirements for safety, staging, and insurance regulation with a project manager at each of our project sites. Whether you are in the early stages of a construction defect claim or water intrusion lawsuit, are further within litigation, have already settled your case, or simply wish to attain peace of mind with quality home repair, make sure to contact us for a free consultation and a reasonable and detailed proposal of the scope and cost of repairs. Our team is able and experienced in undertaking projects on homes, multi-family homes, condominiums, apartments, duplexes, townhomes, managed and HOA properties, and commercial buildings.

Whatever construction defect repairs you might need, your best bet is Platinum Exteriors NW!

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