I paid a 6 figure bill to the construction company and believed my home to be fully repaired. My walls have cracks and all the windows seals are broken. Doors won't latch. There is an ongoing water in the sump issue. The house heaves each year with the seasons. The HOA was also responsible for a re-grading project designed to take water away from the foundation at the same time as my repairs. The HOA did not follow the engineers recommendation in order to save money. The money they were spending came from a class-action lawsuit.
Ten years have passed. Yours is a complex question encompassing potentially many issues, not the least of which is an issue of the statute of limitations (whether the period has run or not). Then there are issues requiring expert consultation to determine causation and consequences as well as value in damages, if any. You need to consult with an experienced construction and real estate litigation attorney about your circumstances.
The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.
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As noted by Mr. Bryans, the statute of limitations presents a significant obstacle to any claim you might have against the construction company hired by you or the company hired by your homeowners association. Generally, the statute of limitations for construction defect is six years, and a one-year statute of repose. Any effort to claim now will require some unique set of circumstances which would allow the statute of limitations to have been tolled for a period of time until you were able to discover a latent defect in the construction. Highlands Ranch was a construction defect case in your area which was handled by Denver attorneys Sullan², Sandgrund, Perczak & Nuss P.C. You may wish to contact this firm about the specifics of your case.
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