Overview
M/I Homes operates in Colorado as part of its geographic expansion into Mountain West markets.
Colorado's Construction Defect Action Reform Act (CDARA) and the 2023 Homeowner Protection Act (HB 23-1121) create a legal framework that restricts builders from using certain contract provisions that limit homeowner remedies.
How Colorado Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Colorado consumer protection law.
Construction Defect Action Reform Act (CDARA)
CDARA (C.R.S. §§ 13-20-801 through 13-20-807) requires written notice to the builder and a 75-day inspection/repair period before filing a construction defect lawsuit. This pre-litigation requirement applies to M/I Homes purchases in Colorado.
Homeowner Protection Act (HB 23-1121)
Enacted in 2023, Colorado's Homeowner Protection Act (C.R.S. § 13-20-808) limits the enforceability of certain contract provisions that restrict homeowner rights in construction defect claims. This may affect M/I Homes' arbitration clauses, class action waivers, and warranty exclusions.
Arbitration Provisions Under Colorado Law
Mandatory arbitration clauses in residential construction contracts are subject to scrutiny under Colorado law. The 2023 Homeowner Protection Act may further restrict enforceability of certain arbitration terms.
Colorado Consumer Protection Act (CCPA)
The CCPA (C.R.S. § 6-1-101 et seq.) prohibits deceptive trade practices. If M/I Homes or M/I Financial made misleading representations, this statute may provide a remedy.
Colorado Legal History
No state-specific litigation involving M/I Homes in Colorado has been identified in public records as of this writing.
Relevant Colorado Laws
Establishes procedures for construction defect claims, including notice requirements and the builder's right to inspect and repair before litigation.
Prohibits deceptive trade practices in consumer transactions, including misrepresentations in the sale of new homes.
Enacted in 2023, this act limits the enforceability of certain contract provisions that restrict homeowner rights in construction defect claims.
Colorado Key Facts
- 1Colorado's CDARA requires written notice to the builder and a 75-day inspection/repair period before filing suit.
- 2The statute of limitations is 2 years from discovery of a defect, with a 6-year statute of repose from substantial completion.
- 3Colorado's 2023 Homeowner Protection Act restricts builders from using contract provisions that limit homeowner remedies.
- 4Mandatory arbitration clauses in residential construction contracts are subject to scrutiny under Colorado law.
- 5HOA construction defect claims in Colorado require a majority vote of homeowners before filing suit.
- 6Colorado does not have a separate statutory implied warranty of habitability for new construction; protections arise from common law and CDARA.
What Colorado Buyers Should Know
- Comply with CDARA's 75-day notice requirement. Colorado law requires written notice to the builder and a 75-day inspection/repair period before filing a construction defect lawsuit. Document all defects with photographs, dates, and written descriptions.
- Understand the 2023 Homeowner Protection Act. Colorado's Homeowner Protection Act restricts builders from using contract provisions that limit homeowner remedies. Review your M/I Homes contract with an attorney to identify affected provisions.
- Be aware of the 6-year statute of repose. Colorado has a 2-year statute of limitations from discovery and a 6-year statute of repose from substantial completion. Document defects promptly.
- Compare M/I Financial with independent lenders. M/I Financial is a wholly owned subsidiary of M/I Homes. Compare rates, fees, and loan terms with at least two independent lenders before committing.