Grund • Dagner’s Construction-Defect Attorneys Obtain Order Eliminating More Than One-Third of HOA’s Claimed Damages

Grund ∙ Dagner’s attorneys Doug Stevens and Ben Swartzendruber recently obtained a successful ruling on a motion for partial summary judgment based upon the statutes of limitation and repose in a 22-building construction-defect case in Larimer County.  Relying on the Colorado Construction Defect Action Reform Act, the court held that the plaintiff homeowners’ association (“HOA”) was precluded from recovering damages at those buildings where individual homeowners observed the physical manifestations of defects more than two years before the HOA served its Notice-of-Claim letter upon Grund ∙ Dagner’s client.

The ruling eliminated the HOA’s claimed damages on eight of the 22 buildings constructed by Grund ∙ Dagner’s general-contractor client and precluded plaintiff from recovering more than $2.8 million in damages.  The case settled two days after the court’s ruling.