Colorado Changed Its Construction Defect Process: What Contractors and Property Owners Should Know
Posted September 15, 2026 in Uncategorized
In this blog: Colorado construction defect law changed under HB 25-1272, adding new requirements to CDARA and creating a separate process for qualifying multifamily projects. Contractors and property owners should identify which statutory procedure applies, track notice and response requirements, and account for new disclosure and settlement provisions before proceeding with a construction defect dispute.
A construction defect dispute can put serious money, business relationships, and months of work at risk. Colorado has added new requirements to its construction-defect laws, and the procedure now depends partly on the type of project involved. That distinction creates a practical problem: someone relying on the process they used a few years ago may miss a requirement that applies today. House Bill 25-1272 changed portions of Colorado’s Construction Defect Action Reform Act (CDARA), with changes applying to construction defect claims brought on or after August 6, 2025. The law also created a separate program for certain multifamily attached housing projects, available to participating builders starting January 1, 2026.
The Same Procedure Doesn’t Apply to Every Claim
Colorado still requires a claimant to provide written notice to a construction professional before pursuing a construction defect action. The notice generally must be delivered at least 75 days before an action, or 90 days for commercial property. The construction professional can request access to inspect the claimed defect before responding. Qualifying attached multifamily projects can fall under a separate statutory process when the builder elects into Colorado’s multifamily construction incentive program. Participation comes with its own warranty, inspection, recording, and claim-response requirements. For someone dealing with a defect claim, the first step is identifying which statutory process governs the project, since the applicable obligations and deadlines can differ. A party first needs to determine which statutory track governs the dispute before relying on familiar deadlines or procedures.
New Duties Create New Places to Make a Costly Mistake
The amended law also requires construction professionals to provide specified project and insurance information within defined periods. Depending on the party involved, that can include plans, specifications, maintenance recommendations, subcontractor information, inspection materials, and applicable insurance policies. Failure to provide required information can limit certain arguments later in litigation. A construction professional responding to a program claim may need to choose among a settlement offer, a repair offer, or an explanation of why the claimed defect falls outside its responsibility. The statute also ties certain consequences to whether an offer was reasonable and whether it was rejected. With several procedures operating alongside one another, assumptions based on the former process can be expensive.
Protect What You Have Built
Contractors, developers, property owners, and other construction professionals already have significant financial exposure when a defect dispute develops. A procedural mistake can add another problem to an already difficult situation. Volpe Law LLC helps Colorado clients evaluate construction disputes, contractual obligations, and the procedures governing construction litigation. To discuss a construction defect claim or response, contact Volpe Law LLC at 720-770-3457.
FAQ: Colorado Construction Defect Law
Key HB 25-1272 provisions apply to construction defect claims brought on or after August 6, 2025. Participation in the new multifamily construction incentive program became available January 1, 2026.
No. The multifamily construction incentive program applies to qualifying projects when the builder elects to participate. Other construction defect claims remain subject to applicable CDARA procedures outside that program.
Colorado law provides specific consequences for failures to comply with certain requirements. Depending on the provision involved, litigation can be paused, or a party can lose access to certain claims, defenses, or litigation positions.