DENVER | Main Development Thread #6

[bunt_q]

Originally Posted by EngiNerd

There is a 6 year statute of limitations on filing a defects lawsuit in Colorado, and I have yet to hear of an apartment complex younger than that which was converted to condos. Plus unless there has been a case before that has resolved the issue, it could very much be up in the air how the ruling would go.



http://www.hkjp.com/Articles-Table-of-Co...-Litigation-Primer-011508-2-00174608.pdf

There is an open question of whether the conversion to condos itself would constitute enough construction that it'd negate the running of the statute of limitations back to the initial construction. Then you're into a game of whether the defect was tied to original construction - and thus barred by the SOL - or whether it's tied to work during the conversion. I've heard it might be gray enough that developers and insurers will be just as leery with respect to condo conversions.