Colorado Advance Damage Release (Construction)
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How to fill out Advance Damage Release (Construction)?
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FAQ
The Colorado Construction Defect Action Reform Act, which passed in 2001, requires homeowners to let builders know about any defects they find before suing. The goal was to allow developers to either fix the problems or pay the owner instead of going to court.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
The statute of limitations for construction defect claims in Colorado is two years and the statute of repose is as short as six years and as long as eight years.
CDARA applies only to ?actions claiming damages, indemnity, or contribution in connection with alleged construction defects,?20 that is, actions alleging a ?defect in the design or construction of an improvement to real property.?21 Claims arising from a failure to perform or a failure to complete construction may fall ...
CDARA STATUTE OF REPOSE In Colorado, the statute of repose is six (6) years, but can be extended to eight (8) years under limited circumstances.
Before you can file a claim for construction defects in Colorado, you need to write a letter to the contractor explaining what the construction defects are. Such letters are required under the Colorado Construction Defect Action Reform Act (?CDARA?).
CDARA was implemented in 2003 to address a perceived crisis in the Colorado construction industry, caused by a surge in litigation over construction defects. The law aims to limit frivolous claims and encourage dispute resolution by imposing procedural requirements before a lawsuit can be filed.
§ 38-46-101 et seq. (the ?Act?), which took effect on September 7, 2021. Under the Act, retainage on private projects is now capped at 5% of the price of the work completed, subject to certain exceptions.
