How To Find Out If You Have a Construction Defect Case

Signs you may have construction defects

If your home is newly constructed and you’re already experiencing foundation problems, you may be able to take legal action. It’s important to understand the timelines required in your state to protect the value of your home. In Colorado, you have as little as two years to take legal action once you discover a problem, and discussions with your builder do not pause this timeline. Other states offer a more generous timeline, such as Arizona where you have up to 8 years to file a claim.

Here are some signs that you may have construction defects on your newly constructed (or under construction) property:

  • Binding windows or doors
  • Drainage issues on your property (water or ice accumulation)
  • Cracking, heaving or settling in concrete
  • Cracks in foundation walls, brick, or stone siding
  • Cracks in stucco
  • Cracks in walls or ceiling
  • Sloping patio or areas around the perimeter of the house
  • Sagging framing


When working with our structural forensic engineers, the process begins with an inspection to determine the cause and origin of your problem. If it’s due to something your builder did, or failed to do, we can provide excellent attorney referrals in your area. The engineer will then work with your attorney and prepare a Notice of Claim letter, if requested. The intention of the letter is to provide an opportunity for the builder to respond with a settlement plan to reasonably repair the issue. If this is refused, we will assist with all the proper documentation, and even expert testimony, as needed for your case.