CONSTRUCTION DEFECT DEMAND LETTER
STATE OF COLORADO
NOTICE PURSUANT TO COLORADO CONSTRUCTION DEFECT ACTION REFORM ACT (CDARA)
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Colorado Contractor Registration No.: [NUMBER]
Re: NOTICE OF CLAIM PURSUANT TO C.R.S. SECTION 13-20-803.5
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal Notice of Claim pursuant to the Colorado Construction Defect Action Reform Act (CDARA), Colorado Revised Statutes Sections 13-20-801 through 13-20-807, providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A NOTICE OF CLAIM REQUIRED UNDER COLORADO LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SEVENTY-FIVE (75) DAYS.
I. COLORADO-SPECIFIC LEGAL FRAMEWORK
A. Construction Defect Action Reform Act (CDARA)
This notice is provided pursuant to C.R.S. Sections 13-20-801 to 13-20-807 (CDARA), which establishes mandatory pre-litigation procedures:
Key Requirements:
- C.R.S. Section 13-20-803.5(1): Claimant must provide written Notice of Claim at least 75 days before filing action
- C.R.S. Section 13-20-803.5(2): Notice must describe defects in reasonable detail with available evidence
- C.R.S. Section 13-20-803.5(3): Construction professional may inspect within 30 days of notice
- C.R.S. Section 13-20-803.5(4): Construction professional must respond within 30 days after inspection with offer to remedy, settle, or dispute
B. Definitions Under CDARA
- "Construction defect": Deficiency in design, construction, construction management, repair, or alteration arising from defective material, product, design, or labor (C.R.S. Section 13-20-802.5)
- "Construction professional": Architect, contractor, subcontractor, developer, builder, engineer, or inspector (C.R.S. Section 13-20-802.5)
C. Statute of Limitations
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Construction Defect | 2 years from discovery | C.R.S. Section 13-80-104(1)(a) |
| Contract | 3 years | C.R.S. Section 13-80-101(1)(a) |
| Negligence | 2 years | C.R.S. Section 13-80-102(1)(a) |
D. Statute of Repose
C.R.S. Section 13-80-104 establishes:
- General repose: Action must be brought within 6 years after substantial completion
- Extended repose: Or within 2 years after termination of express warranty, whichever is later
- Maximum: No action may be brought more than 8 years after substantial completion
E. Implied Warranties in Colorado
Colorado recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Carpenter v. Donohoe (Colo. 1964), 388 P.2d 399.
-
Implied Warranty of Proper Workmanship: Construction must be performed in a workmanlike manner.
F. Contractor Registration
Under C.R.S. Section 12-115-116, contractors must be registered. Failure to register may limit recovery and result in penalties.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Colorado |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| CO Registration No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Warranty Expiration | [DATE] |
C. Parties Involved
Construction Professional(s):
- Name: [NAME]
- Registration Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors:
| Trade | Company Name | Registration No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to C.R.S. Section 13-20-803.5(2), the following describes each claimed construction defect:
DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]
Location: [Specific location within the property]
Description: [Detailed description of the defect, including how it manifests, when discovered, and progression]
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]
Evidence of Defect:
[Describe available evidence per C.R.S. Section 13-20-803.5(2)(c)]
Standards Violated:
[ ] Colorado Residential Code
[ ] International Residential Code (as adopted)
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards
[ ] Contract Specifications
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
DEFECT #2: [TITLE]
[REPEAT FORMAT ABOVE FOR EACH DEFECT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Breach of Contract
You failed to perform construction in accordance with contract terms and applicable building codes.
B. Breach of Express Warranty
You provided express warranties which you have breached.
C. Breach of Implied Warranty of Habitability
Under Colorado law, builders impliedly warrant that new homes are fit for habitation. Carpenter v. Donohoe, 388 P.2d 399 (Colo. 1964).
D. Breach of Implied Warranty of Proper Workmanship
Construction must be performed in a workmanlike manner.
E. Negligence
You owed a duty of care and breached that duty, causing damages.
F. Violation of Building Codes
The construction violates the Colorado Residential Code.
VI. CDARA NOTICE REQUIREMENTS
A. Your Rights Under CDARA
Pursuant to C.R.S. Section 13-20-803.5, upon receipt of this Notice of Claim:
- Inspection Right: You may inspect the property within 30 days (C.R.S. Section 13-20-803.5(3))
- Response Required: Within 30 days after inspection, you must provide written response (C.R.S. Section 13-20-803.5(4))
B. Required Response Options
Your response must include one of the following:
1. Offer to Remedy: Written offer to remedy the construction defect
2. Offer to Settle: Monetary settlement offer
3. Dispute: Written statement disputing the claim with reasons and supporting documentation
C. Response Timeline
| Action | Deadline |
|---|---|
| Request inspection | Within 30 days of Notice |
| Complete inspection | Per scheduled date |
| Provide written response | 30 days after inspection |
| Total pre-suit period | 75 days minimum |
D. Consequences of Non-Response
Per C.R.S. Section 13-20-803.5(6), failure to respond may:
- Allow claimant to proceed with litigation
- Affect recovery of costs and fees
- Result in adverse consequences at trial
VII. DEMAND FOR INSPECTION ACCESS
We offer access for inspection per C.R.S. Section 13-20-803.5(3). To schedule:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable hours
- Identify all persons who will attend
- Identify any experts participating
- Describe any destructive testing (requires advance approval)
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
Preserve all documents and materials relating to construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- All correspondence
- Construction photographs
- Daily logs and progress reports
- Warranties and insurance documents
- Soils and geotechnical reports
Spoliation Warning: Failure to preserve evidence may result in adverse consequences.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation:
Option A - Repair by Contractor:
1. Complete repair of all defects within [NUMBER] days
2. All repairs warranted for [NUMBER] years
3. Payment of investigation costs: $[AMOUNT]
4. Payment of attorney's fees: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond within 75 days as required by C.R.S. Section 13-20-803.5. Failure to respond will result in litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Colorado Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
cc: [OWNER NAME]
[INSURANCE CARRIER]
Colorado Division of Real Estate (if applicable)
COLORADO-SPECIFIC PRACTICE NOTES
CDARA (C.R.S. Sections 13-20-801 to 13-20-807):
- 75-day pre-suit notice required
- Contractor has 30 days to inspect after notice
- Contractor has 30 days after inspection to respond
- Response must include offer to remedy, settle, or dispute
- Failure to follow procedures may affect recovery
HOA Construction Defect Claims:
- Special requirements for HOA claims under C.R.S. Section 38-33.3-303.5
- HOA must provide notice to unit owners before pursuing claims
- Voting requirements may apply
Damage Limitations:
- CDARA may limit damages to actual damages in some circumstances
- Consequential damages may be limited by contract
- Economic loss doctrine may apply
Expert Requirements:
- Expert testimony typically required for complex defect claims
- Consider early expert involvement
Common Colorado Defects:
- Foundation issues (expansive soils)
- Water intrusion (snow/ice)
- HVAC adequacy for altitude
- Deck and balcony defects
- Stucco failures
This template is for informational purposes only. Consult a licensed Colorado attorney before use.