Magistrate Judge: Unpermitted Work Could Constitute Latent Construction Defects

Mealey's (October 31, 2018, 8:27 AM EDT) -- DENVER — A federal magistrate judge in Colorado on Oct. 22 recommended denying a couple’s motion to dismiss another couple’s lawsuit accusing them of failing to disclose construction defects in a home they purchased that resulted in water intrusion and the growth of black mold, finding that the sellers’ failure to inform the buyers that renovations were done without building permits could be considered latent defects that could not be discovered within the limitations period (Steven Hardy, et al. v. Mervin J. Flood, et al., No. 17-cv-00677, D. Colo., 2018 U.S. Dist. LEXIS 182168)....