Concerns over construction defect liability has not hindered condominium development in Washington State. Instead of asking politicians to give them immunity from their own negligence, developers in Colorado might want to consider taking steps to avoid construction defects in the first place.
As a story in this week's Puget Sound Business Journal reports, some builders in Washington have been reluctant to bid on condominium projects because they fear lawsuits over construction defects. Many others have quickly moved in to meet the demand for new housing, however. One company, Lowe Enterprises, has taken a common sense approach to the risk:
"The development team is trying to head off construction defect claims by planning and documenting with photos their work. This way if a lawyer questions the wiring and plumbing behind the walls, Lowe will be able to say, 'Look, this is what we have done,' and here's evidence that everything was properly installed."
Coupled with adequate quality control, this simple method is an excellent way to avoid defects and litigation. Indeed, we at The Witt Law Firm have been recommending a similar process to our builder clients to reduce risk on construction projects in Colorado.
Now, if the Broncos can just figure out a way to beat the Seahawks, all will be well in the world.
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