Construction Law

Residential Construction Defect Litigation

When a buyer purchases a newly built home, the buyer expects the builder to fulfill its obligation under the purchase contract and provide a home without construction defects. Unfortunately, it is not uncommon for newly built homes to contain varying degrees of construction defects. Whether the new home has minor cosmetic construction defects or major construction defects such as structural problems, the homeowner has rights against the builder. Construction defect litigation can be a confusing process for the homeowner involving time limitations the homeowner should be fully apprised of. The homeowner needs to be aware of his or her rights arising out of the Construction Defect Action Reform Act or “CDARA” passed by the Colorado legislature. Homeowners should take advantage of the fact Mr. Kane can assist the homeowner in the pursuit of holding a builder accountable for failing to rectify construction defects by helping navigate the homeowner through the complicated CDARA process and any ensuing litigation thereafter.

Since entering the practice of law in 2002, Jason P. Kane has litigated multiple residential construction defect cases. Mr. Kane has the unique perspective of having represented both home builders and individuals in construction defect litigation in the past. Mr. Kane now focuses solely on representing homeowners who purchase homes suffering from construction defects and seek to hold the builder accountable. One of Mr. Kane’s first trials approximately 16 years ago involved a residential construction defect claim. Ever since his initial exposure to construction defect claims in 2002, Mr. Kane has litigated multiple cases involving residential construction defects and has been exposed to various types of defects. If you are experiencing residential construction defects in your home, contact Mr. Kane today for a free consultation.

Transaction Work for the Homebuyer

Before entering into a contract with a builder for the new construction of a residence, the homebuyer should have Jason P. Kane review the contract. Mr. Kane can assist the buyer in knowing the risks associated with the contract and provide suggested revisions before construction commences. By doing so, the buyer has an opportunity to seek changes to the terms of the contract that may be adverse to the interests of the buyer.

Commercial Construction Litigation

In addition to residential construction, Mr. Kane has represented clients in several commercial construction projects, which include the construction of highways, solar farms, commercial buildings, and mining operations. The litigation arising from such projects included mechanic lien claims, commercial contract disputes, highway construction contract disputes, Miller Act/Little Miller Act claims, disputes over back charges, OSHA/MSHA and other disputes with regulatory agencies, and bid protests for commercial construction projects. Mr. Kane’s clients have included heavy highway contractors, blasting contractors, contractors specializing in excavation and/or “dirt work,” concrete suppliers, roofing contractors, mining operators, and utility contractors. Mr. Kane has been exposed to commercial construction litigation as early as his years in law school when he clerked for Richard P. Ranson, a founding member of Ranson & Kane, PC. Mr. Kane has litigated commercial construction disputes in state court, federal court, private arbitration, and appellate court.

Commercial Construction Transactional Work

Jason P. Kane reviews and assists in the drafting of commercial contracts for commercial construction projects. He also assists commercial contractors with disputes that may arise during the course of the project. While a contractor may not always be successful in obtaining changes to commercial contracts presented by the owner or general contractor, at a minimum, Mr. Kane can advise the commercial contractor on the risks the entity may be undertaking if the contract is signed. Mr. Kane can further provide guidance on how to handle various situations that may arise during a project, such as delays, differing site conditions, defective plans, and the failure to receive prompt payment.