Legal Question in Construction Law in Colorado

Re: mold/ property damages and personal injury

Yes, you absolutely have a right to recover damages against the builder and any other responsible parties such as subcontractors. You should act quickly, however, as Colorado has a two-year statute of limitations for many construction claims such as these. When the two-year period starts and stops requires complicated calculations, and you should speak with your attorney promptly to preserve your rights.

In response to your question about damages, if you prevailed in an action based on these facts, you would likely be able to recover the costs of investigating and repairing the property damage and mold, and for your loss of use of the property. Some or all of your husband's time could be included in the cost of repairs, at least to the extent that he performed work that you would have otherwise have had to pay a contractor to perform.

There are statutory restrictions that might preclude recovery for pain and suffering or other noneconomic losses due to water intrusion and mold. There is an exception, however, that could allow your daughter to recover compensation for pain and suffering due to the personal injuries she has suffered.

Please note that the above comments are generalizations based on similar cases I have handled. You should speak with your own attorney promptly about your specific situation, or email me directly if you would like to discuss the matter further.