Legal Question in Real Estate Law in Colorado

Can I sue my builder?

The builder of my house refuses to do specific warranty repairs. Also soil has settled severly around my foundation causing basement flooding. The soil did not begin to settle until recently and after warranty expired. It is obvious that they did not properly compact it. I have an engineering report that states that the builder did not do thier job properly. The purchase agreement states that I agree to take disputes to arbitration, not to court. I would prefer to just sue...however it says in the purchase agreement that if the buyer sues, buyer is responsible for the builder's legal fees. Can I sue and not pay the builder's legal fees? How do I find a good attorney to represent me? What kind of attorney should I speak to?


Asked on 5/11/03, 12:54 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Can I sue my builder?

You are most likely entitled to legal fees if you win the dispute. If you lose, you could be forced to pay the builder's legal fees. The arbitration clause in the contract does not prevent you from filing a lawsuit, but the court could make you go to arbitration before trial. I would have to read the entire contract to provide a legal opinion or recommend anything. I am located in Frisco, Colorado. Call 970-668-1949 if you want to make an appointment.

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Answered on 5/12/03, 5:55 pm


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