If a responsible builder is ready, willing, and able to make an appropriate repair, is the community better served by getting the building fixed, or by pursuing years of litigation in hopes of recovering enough money to pay someone else to fix it later?
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself.
Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise.
Ms. Gudder may be contacted at gudder@hhmrlaw.com