What is the procedure for filing a lawsuit for a construction defect?
1. First, your claim must be within the applicable statute of limitations, which may vary depending on your claims. In any event, prior to filing a lawsuit against a construction professional, you must comply with the notice and inspection requirements of the CDARA. 2. Next, you must send a certified/return receipt notice to the construction professional, indicating what defects are alleged, and specifically citing §13-20-803.5 and that the letter is notice pursuant to that statute. You must ensure that the timeline and specific notice requirements set forth in §13-20-803.5 are included in the notice. 3. Once proper notice has been given, and depending on whether the property in question is residential or commercial, the construction professional has a specific period of time in which to respond to the notice, and to request an inspection of the faulty work. If the construction professional does not respond within the timeline given, you may proceed with a lawsuit. 4. If the constructi
