Meet our Attorneys

Scott F. Sullan

Of Counsel

Attorney Scott F. Sullan hero image
Scott Sullan - Best Lawyers 2017 Scott Sullan-5280 Top Lawyer 2016 Scott Sullan Lawyer of the Year 2015 Martindale Hubbell AV Professional Excellence Scott Sullan Super Lawyers 10 years

Scott Sullan was born in Evanston, Illinois, in 1953. He attended the University of Colorado where he graduated cum laude in 1975. He then attended law school at the University of Southern Illinois, obtaining his degree and graduating cum laude in 1979. While in law school he was a member of the Board of Editors of the Southern Illinois University Law Journal and was President of the Moot Court board. He was also a member of the National Order of Barristers and National Client Counseling Team.

After graduating from law school, Mr. Sullan clerked for the Honorable Ralph H. Coyte of the Colorado Court of Appeals. He has practiced civil litigation law in Colorado since 1979.

Mr. Sullan focuses on materials and construction defect (and related insurance coverage) litigation. He has been lead counsel in eleven different class-action suits against some of Colorado’s major homebuilders and product suppliers. He was lead counsel for a 1,600-person class of homeowners in a successful class action tried in Douglas County, Colorado, in 1996. He also has handled hundreds of construction defect cases involving a variety of subjects, including expansive and settling soils, landslides, faulty construction materials and products, architectural and engineering design defects, and improper construction.

Scott Sullan has handled many of the largest and most important construction defect cases for Colorado homeowners since 1994. One Denver paper observed that: “some builders settled quickly after watching Sullan at work in 1996. During the trial, officials with Richmond Homes told Sullan they wanted to settle a separate class-action case he had filed on behalf of 12,300 Richmond homeowners. He tried Mission Viejo by day and negotiated with Richmond by night. In June 1996, Richmond agreed to pay Sullan’s firm $1.9 million and to spend tens of millions more to remedy problems.”

Mr. Sullan’s work led to the following news headlines in 2005:

  • “Builder Okays $39 Million End to Suit: largest settlement of construction defects lawsuit in Colorado history”
  • “Lawsuit Over Defects in Condos Resolved: D.R. Horton, the Texas-based home-building titan, has paid a record $39.5 million settlement to resolve a defective-construction lawsuit brought by condo owners”
  • “Firms Will Pay $32 Million to Settle Suit Over Windows”

From 2006 through 2013 he was selected a “Colorado Super Lawyer” based on a survey of Colorado attorneys. Scott Sullan is also named to Best Lawyers in America, 2105.

In 2007, Mr. Sullan was the only Colorado lawyer who primarily represents homeowners and homeowner associations given the highest rating from Chambers & Partners, a legal publisher that described him as “the absolute best on residential construction defects.” In 2009 alone, Mr. Sullan was instrumental in securing more than $75 million in construction defect settlements for homeowner associations.

Mr. Sullan is one of Colorado’s best-known lecturers regarding construction litigation, and he has coauthored with Ron Sandgrund and Leslie Tuft the only books dealing exclusively with Colorado construction defect litigation, the most recent edition of which book received the 2011 National Award of Professional Excellence from the Association for Continuing Legal Education. He also has coauthored with Mr. Sandgrund a chapter on a legal ethics and professional responsibility, last updated in 2011.

Mr. Sullan frequently presents continuing legal education courses to other lawyers. Mr. Sullan testifies often on behalf of homeowners before Colorado’s legislature, and he has helped draft laws affecting homeowner interests. Mr. Sullan was one of the driving forces behind House Bill 1338, the Homeowners Protection Act of 2007. He met with legislators, citizens and newspaper editors to answer their questions regarding the blanket waiver of legal rights that much of the residential building industry has been putting in home purchase contracts. House Bill 1338 limits such waivers and preserves for homeowners the basic legal rights the building industry agreed to when it lobbied for passage of the Construction Defect Action Reform Act in 2003. H.B. 1338 became Colorado law on April 20, 2007.

Mr. Sullan is married with three children. All five Sullans are avid skiers.

AV Preeminent® Rating, Martindale-Hubbell

Denver's Top Lawyers, 5280 Magazine, 2015-2016

Selected to Best Lawyers® in America, 2016 - 2017

Selected to Colorado Super Lawyers®, 2006 - 2016

Colorado, 1979

Southern Illinois University School of Law, Carbondale, 1979

University of Colorado, 1975, cum laude

Colorado Residential Construction Law (2nd ed. updating 2005 1st ed.) (Denver 2008), coauthored with Ron Sandgrund

Chapter 37, "Class Action Counsel's Professional Responsibilities," in Michael Mihm (ed.), Lawyers' Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions (Denver, 2009 Supp), coauthored with Ronald M. Sandgrund

Chapter 14, "Residential Construction,

in Robert Benson (ed.), Practitioner's Guide to Colorado Construction Law, (Denver 2007) (replacing 1999, 2001, 2003, and 2005 editions), coauthored with Ron Sandgrund

Residential Construction Defect Litigation (Seattle 2000), coauthored with Ron Sandgrund

House Bill 10-1394: New Law Governing Insurance Coverage For Construction Defect Claims," The Colorado Lawyer, vol. 39, no. 8, (2010)

"Crossing the Separation of Powers Threshold: Legislative and Regulatory Control of Expert Witness Testimony," The Colorado Lawyer, vol. 37, no. 5 (2008)

"Useful Life Evidence in Construction Defect Cases," The Construction Lawyer (Amer. Bar Assoc. Forum on Construction), vol. 27, no. 3 (2007)

"The Homeowner Protection Act of 2007," The Colorado Lawyer, vol. 36, no. 7 (2007)

"Yacht Club II: Charting the Shoals of the Economic Loss Rule," Trial Talk, (August-September 2005)

"Homebuilder Liability for Subcontractor Negligence - Part II," The Colorado Lawyer, vol. 34, no. 7 (2005)

"Homebuilder Liability for Subcontractor Negligence - Part I," The Colorado Lawyer, vol. 34, no. 6 (2005)

"Statuses of Limitations and Repose in Construction Defect Cases - Part II," The Colorado Lawyer, vol. 33, no.6 (2004)

"Statuses of Limitations and Repose in Construction Defect Cases - Part I," The Colorado Lawyer, vol. 33, no. 5 (2004)

"The Construction Defect Action Reform Act of 2003," The Colorado Lawyer, reprinted nationally in Mealey's Litigation Reports (Construction Defects), vol. 32, no. 7 (2003) and vol. 20 (2004)

Duty to Disclose Latent Defects When Selling a Home, National Business Institute (2003)

"The Construction Defect Action Reform Act," The Colorado Lawyer, vol. 30, no. 10 (2001)

Recent Developments in Colorado Residential Construction Law, Continuing Legal Education of Colorado, 2008

"Construction Defect Litigation," CAI Fall Conference, 2004

"Construction Defect Claims in Colorado," Lorman Education Services, 2004

"Expansive Soils: Beyond the Basics," Construction Law Conference, CLE of Colorado, 2004

"Consumer Arbitration," University of Denver College of Law, 2004

"Construction Defect Action Reform Act of 2003," Colorado Municipal League, 2003

"Annual Spring Real Estate Update: Overview of Mold in Colorado," CLE in Colorado, 2003

"Construction Law and Litigation, Expansive Soils: Understanding the Risks, Litigation Strategies and Case Studies," CLE International, 2003

"Residential Construction, A Brave New World," CLE of Colorado, 2003

"New Construction Purchase Agreement: Getting Burned by the Boilerplate-Warranties, Disclaimers, Arbitration Clauses and Other Hot Spots," 19th Annual Real Estate Symposium, 2001

"From Construction Defects Through Reconstruction," CAI Fall Conference, 2000

"Sifting Through Soils Reports: How to Identify Issues Concerning Expansive Soils and Slope Stability," CLE of Colorado, 2000

"Getting the Best Results for Construction Litigants Through the Smart Use of ADR," CLE of Colorado, 1999-Present

"Colorado Construction Law," 1999

"The Real Truth About Mediation: A Mock Mediation with Commentary," CAI 1999

"Residential Construction Defects Attributable to Geologic Hazards," Colorado Defense Lawyers Association, 1998

"High Stakes Games-Construction Defect Claims," CAI Spring Conference, 1998

"Expansive Soils Cases," CAI, 1997

"Shifting Sands," 15th Annual Real Estate Symposium, 1997

"Expandable Soils: A Primer for Real Estate Lawyers," Real Estate Topical Luncheon, 1996

"The Mission Viejo Class Action: A New Perspective on Trying Mass Tort Claims," 1996

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Second Jobs – Denver Work Comp Lawyers - Burg Simpson

 June 21, 2017

Does a Second Job Threaten Your Workers’ Comp Claim?

Colorado’s one of the more fortunate states in the country right now. While the national unemployment rate hovers around 4.3 percent, the Centennial State boasts a rate of nearly half that at 2.3 percent. Not only is it the lowest unemployment rate in the nation, it’s so low that the state’s jobless rate has only… Read more »

Jeremy Bitner Memorial Run- Burg Simpson

 June 19, 2017

Runners, Walkers Race to Honor Jeremy Bitner

Clouds may have threatened Colorado skies early Saturday morning, but that didn’t stop hundreds of runners, walkers, and children from showing up at Englewood’s Cornerstone Park for the 2017 Jeremy Bitner Memorial 5K/10K Run & 5K Walk. The fifth annual race honored the late Englewood Police Detective Jeremy Bitner, who died in the line of… Read more »

Texting and Driving – Colorado Personal Injury Attorneys – Burg Simpson

 June 16, 2017

Colorado Cracks Down on Texting and Driving

In late-February of last year, 28-year-old Athina Munoz barreled south down a rural Colorado highway when she realized she had an urgent text message to send. She swerved into oncoming traffic as she did so, killing an older couple on a motorcycle instantly. Munoz also tested three times the limit for alcohol, which helped earn… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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