Construction Defect/Contractor Liability


The last twenty years have seen a dramatic increase in the volume of construction defect claims in Colorado exposing the construction industry to significant liability.  A primary focus of Markusson Green & Jarvis’ practice is the defense of these construction defect claims. 

The attorneys at MGJ represent real estate developers, builders, general contractors, subcontractors, architects, engineers, construction product manufacturers, construction professionals, and their insurers in complex construction defect litigation.  Our attorneys have successfully represented and defended members of the construction industry in everything from relatively small construction defect claims involving a single component of a single family home to complex multi-party litigation involving condominiums, homeowners’ associations, or commercial properties.

Generally, construction defect cases tend to turn on technical evidence and expertise.  We are prepared to assist you in defending construction defect claims of all types including claims related to expansive soils, water leaks, grading and drainage, EIFS, mold, window leaks, foundation movement, product liability, and warranty claims.   MGJ can offer advice and expertise to help you retain a team of experienced consultants to help you develop the technical evidence necessary to mount an effective defense.

MGJ is also prepared to advise you on recent developments in Colorado law that effect construction defect litigation including the Colorado Construction Defect Reform Act (“CDARA”), the Homeowner Protection Act, and recent Colorado appellate court decisions.  We are prepared to guide our clients through every phase of construction defect claim whether it is still in the preliminary notice of claim stage through its completion at mediation, arbitration, or trial.

Ultimately, it is MGJ’s goal to efficiently and effectively resolve the construction defect claims against our clients as quickly as possible.  The best way to do so is to try to avoid claims being made in the first place.  Based upon our experience defending construction defect claims, MGJ has a unique insight in the circumstances during construction that may lead to a construction defect claim years later.  MGJ is available to advise construction professionals on risk management strategies to be implemented before, during, and after the construction of a project that can help reduce the risk of a construction defect claim being made and prepare the construction professional to defend a claim if it is made.  Whether it is dealing with construction contracts and subcontract agreements, construction payment disputes, insurance issues, liens, or any other construction related issue that may arise during a project, MGJ is prepared to help you resolve them so they do not become bigger problems in the future.



Markusson Green & Jarvis attorneys in this practice area include: 

Dennis H. Markusson

James K. Green

H. Keith Jarvis

Daniel R. Coombe

John T. Mauro

Wm. Tobias Morrow