When your property sustains construction defects, the damages you suffer may extend far beyond those simply needed to remedy the defects. You may have been personally affected by disruption and annoyance of the experience and by your inability to use your own property. Such circumstances may entitle you to recover damages in addition to those needed to repair the defects.
In Colorado, these damages are generally called noneconomic damages and they may be recovered by any homeowner suffering personal or bodily injury as a result of a construction defect. When such injuries occur, an award of damages for pain and suffering, inconvenience, emotional stress, or impairment of the quality of life may be warranted.
The term homeowner is also not limited to the primary resident. Recovery can extend to any person having an ownership interest in the home so long as they or their use of the home is injured.
In extraordinary cases, where there was an unreasonable risk of bodily injury or where fraud, malice, or willful conduct is present, damages for the negligent infliction of emotional distress may also be warranted.
Additionally, you can recover for the loss of use or enjoyment of your property as a result of construction defects and subsequent repairs. Typically, the award of damages is equal to the fair rental value of the lost property over the length of time reasonably required to repair the property.
It should be noted that Colorado has imposed inflation-adjusted statutory caps on noneconomic damage awards. For noneconomic damages occurring after January 1, 2020, the current adjusted limitation is $613,760, which may be increased by the court upon clear and convincing evidence to $1,227,530.
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So, if you are the victim of construction defects, you may be entitled to damages beyond the defects, including loss of use, personal injury, and other noneconomic damages. These claims are time sensitive. Contact us at Jorgensen, Brownell & Pepin, P.C. to discuss your options. Telephone and video conferences are currently available.
This blog is intended to provide general information and, therefore, should not be treated as legal advice. You should contact a qualified attorney for questions about legal issues.