APPENDIX 3

• Jurisdiction: Colorado

APPENDIX 3

Comment: Practitioners should consider the effect of any local construction defect notice ordinances, and revise this letter accordingly. See § 2.2.6, "Construction Defect Municipal Ordinances."

CDARA Notice of Claim: Single-Family Home [insert date]

SENT BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED TO EACH OF:

[Homebuilder]

[Homebuilder's Principal]

NOTICE PURSUANT TO C.R.S. §§ 13-20-801, ET SEQ.

TO WHOM IT MAY CONCERN:

This law firm has been retained by the following persons to represent them regarding claims arising from, defects in and damage to their home and related property:

[Homeowners' names] ("Homeowners"), [address] (the "Property")

Homeowners purchased the Property on or about November 9, 2001, from others who purchased the Property from [Homebuilder]. Homeowners are having significant problems with the Property as a result of deficiencies in the home's building envelope and moisture barriers, including the entire exterior stucco system, all exterior flashings, and all window and door installations and other fenestrations.

DESCRIPTION OF CLAIM

Pursuant to C.R.S. § 13-20-802.5, upon information and belief, the Property has building-envelope construction defects and related moisture barrier failures and consequential moisture-related property damage and loss of use, including, without limitation, improper or missing sheet metal flashings at windows and doors; improper or missing flashings at gutters and decks; improper installation of gutters; improperly constructed sealant joints between stucco and windows, doors, and dissimilar materials; missing or inadequate slope at stucco horizontal surfaces; improperly sealed stucco penetrations and surface mounted objects; inadequate stucco clearance to concrete flatwork; inadequate stucco clearance to grade; improper termination of stucco at top of foundation walls; missing control and expansion joints; insufficient column cap flashing; and improper or missing kickout flashing. Upon information and belief, the problems exist at all locations, and other improper construction design and techniques have also caused or are contributing to the problems.

Homeowners believe that the above defects or deficiencies have caused, and will continue to cause, resultant and consequential property and other damage throughout the Property, including moisture damage to exterior wall elements and substrates, wall, ceiling, and floor cavities, and the growth of wood-product consuming agents, as well as premature deterioration or...