What Happens During a Construction Defect Inspection?

If you're feeling anxious about a construction defect inspection in your home, you're not alone, most homeowners find the process unsettling simply because they don't know what to expect. This article will walk you through exactly who shows up, what they inspect, how long it takes, and what you should (and shouldn't) do to protect your claim and your peace of mind.

Learning that your builder and a team of strangers will be coming into your home to inspect alleged defects is unsettling. It feels invasive, uncertain, and frankly a little intimidating. Most homeowners have never been through anything like this, and the unknown makes it worse than the reality.

Here is the good news: the inspection is a routine, legally required step. Understanding what to expect removes most of the stress. In this article, we will walk you through who shows up, what they look at, how long it takes, and what you should and should not do.

Having guided homeowners and HOAs through more than 1,000 cases and recovered over $500 million, we have seen this process from every angle. Let us take the mystery out of it for you.

Why the Builder Gets to Inspect Your Home

Under Colorado's Construction Defect Action Reform Act, commonly known as CDARA, a homeowner cannot file a construction defect lawsuit without first serving a written Notice of Claim on the builder. This requirement is established under C.R.S. Section 13-20-803.5.

Once the builder receives that Notice of Claim, the statute gives them the right to physically inspect your property. The purpose is to evaluate the nature, scope, and cause of the claimed defects. The construction professional must respond within 75 days if an inspection is requested, and the homeowner must provide reasonable access during that window.

This is not optional. It is not something you can skip or refuse. It is a prerequisite baked into Colorado law, and failing to cooperate can seriously hurt your claim later in the process.

Who Actually Shows Up?

The builder rarely comes alone. Understanding who will be in your home helps take the edge off the experience.

Typically, the inspection team includes the construction professional or a designated representative. They will also bring one or more expert consultants depending on the defects alleged.

These are professionals conducting a technical evaluation, not adversaries rummaging through your personal belongings. Their focus is on the building components described in the Notice of Claim.

Your attorney, if you have one, will typically attend or arrange for someone to be present on your behalf. This ensures the process stays within proper bounds and that your interests are represented throughout the inspection.

What Do They Look At?

The inspection scope is guided by the defects described in your Notice of Claim. Common areas of focus include:

Water intrusion points around windows, doors, roofing, and foundations
Cracking in foundations, walls, or flatwork
Drainage and grading issues
HVAC, plumbing, or electrical deficiencies
Stucco, siding, or building envelope failures

Inspectors may use specialized tools such as moisture meters, thermal imaging cameras, and laser level equipment.

In some cases, limited destructive testing may be necessary. This could mean removing a small section of siding to examine the weather barrier beneath. Any destructive testing is discussed in advance and thoroughly documented.

Under C.R.S. Section 13-20-803.5, the inspection allows the construction professional to document findings and evaluate the defect before litigation proceeds. This step is a critical part of the statutory framework.

How Long Does It Take?

A typical single-family home inspection for construction defects lasts anywhere from two to six hours. The duration depends on the number and complexity of the claimed defects. Larger properties or HOA common-element inspections can span multiple days.

In some cases, follow-up inspections may be needed. This is especially true if initial findings reveal conditions that require further evaluation. The homeowner is required to provide reasonable access for these additional visits as well.

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What Should Homeowners Do (and Avoid Doing)?

Preparation and composure go a long way. Here is what we recommend.

Do:

Document current conditions with your own dated photos before the inspection.
Make all defect areas accessible by moving furniture or belongings away from problem walls, windows, or floors.
Have your attorney present or a representative observing on your behalf.
If you are present, keep a calm, cooperative demeanor since reasonable access is required by statute.
If you do not have an attorney, take notes on what areas were examined and what tools were used.

Do Not:

Make repairs or alterations to defect areas before the inspection since this can compromise evidence.
Engage in arguments or confrontations with the inspection team.
Block access to any area described in the Notice of Claim.
Feel pressured to answer any substantive questions. Let your attorney handle substantive discussions as you have no obligation to provide substantive information during the inspection.

Cooperation protects your legal position. The more prepared and composed you are, the stronger your case remains.

Experienced Counsel Makes a Measurable Difference

The inspection is just one step in a larger process. Having experienced counsel by your side makes a measurable difference at every stage. We have resolved over 1,000 cases and recovered more than $500 million for homeowners and HOAs across Colorado and four additional states. We believe in quality over volume. Every case gets the attention it deserves because we treat each home like it matters, because it does.

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Key Takeaways

The inspection is required by CDARA before a lawsuit can proceed.
The builder's team typically includes expert consultants, not just the builder.
The inspection focuses on the defects described in your Notice of Claim.
It can last several hours for a single home and multiple days for larger properties.
Your best move is to be prepared and cooperative while letting your attorney manage the process.

The ideal time to get legal help is before you ever send the Notice of Claim. How the notice is drafted shapes everything that follows, including the inspection itself.

If you are facing construction defects and want experienced guidance through every step of the CDARA process, contact us today. We are here to walk you through it.