One thing we can say with absolute certainty from our professional perspective as attorneys with on-point and proven practice experience in the realm of construction law is that legal disputes in this singular area will always occur, across a wide universe of concerns.
One top-tier focus of construction litigation that we often note at the Colorado law firm of Stuart D. Morse & Associates, L.L.C. (with duel offices in Greenwood Village and Telluride, respectively) is construction defects, with allegations of substandard design or building frequently being made by property owners against contractors and other parties.
A recent media article on that subject points specifically to a complaint that is sometimes forthcoming from homeowners associations that administer planning condominium communities.
Their charge: that lawmakers and other parties promoting affordable housing often craft legislation that makes it difficult for aggrieved homeowners in that realm to file lawsuits seeking remedies against defects, often in new units.
They say that the primary argument used to promote bars to litigation — that builders will be dissuaded from engaging in new construction if they are easy targets in court and susceptible to all manner of claims — is without merit, with the effect being that they are often denied remedies for legitimate building problems.
Some builders are of course negligent in the delivery of their final product. It is also a flat reality, though, that contractors and subcontractors often confront spurious or otherwise unwarranted claims targeting them as deep-pocket entities from whom money damages can be extracted pursuant to allegations of shoddy workmanship. Frivolous lawsuits in the industry are a commonplace, not a rarity.
Our attorneys empathize with the pressures that routinely challenge good-faith builders as they seek to create structures that fully conform with and satisfy industry clients’ desires.
As such, we routinely defend contractors and subcontractors against claims of construction defects, advocating diligently to ensure that their legal interests are fully protected. In some instances, too, they have valid counterclaims, which we pursue vigorously on their behalf.
We welcome contacts to our firm to discuss our attorneys’ backgrounds, experience and strong commitment to client advocacy.