Construction Defects

Collapsing/Expansive Soils

Colorado’s terrain presents significant challenges to builders and developers. Volatile soils and unstable sloping lands can create issues that must be properly addressed before building. Generally though, the potential problems are foreseeable, and builders have well-accepted techniques available to address these matters. When designers and builders do not do their jobs properly, however, homeowners may suffer the consequences with cracked foundations and other building problems.

Burg Simpson is a leading construction defect litigation law firm. Our attorneys have represented thousands of Colorado homeowners in lawsuits seeking compensation for damage caused by:

• Collapsing soils (soils that collapse when wet)
• Expansive soils (wetted soils that exert thousands of pounds of pressure)
• Landslides
• Rockfalls
• Flooding
• Soil erosion
• Mud slides
• Leaking irrigation ditches

Fill out the form on the right to schedule a free, confidential consultation with one of our experienced attorneys. We handle most construction defect matters on a contingency basis. Until we secure financial compensation for you, we receive no attorneys’ fees.

Protecting the Rights of Colorado Homeowners

When a home is built, it sits in the middle of nature. The developers must account for surrounding environmental issues; the law gives homeowners protections when developers are negligent in this regard. As a homeowner you are entitled to adequate, timely, and full disclosure of the risks associated with the underlying soils and slopes. You are also entitled to disclosure of the various construction techniques employed (or that could have been employed) to deal with these conditions.

If you have not been fully informed of these terrain challenges, or if your builder failed to take the standard precautions to address the underlying geologic hazards, we can help you. We work effectively to protect the rights and interests of Colorado homeowners.

We always advise homeowner associations and individual homeowners to attempt to work out problems with builders and developers first. But after you have exhausted every other reasonable avenue to get them to fix the problem, our law firm can step in and provide assistance. Our law firm strongly encourages the use of “Plan B” settlements involving roundtable meetings of construction experts in an effort to develop a reasonable repair plan to be funded by those responsible for creating the problems. Homeowner associations and homeowners must be careful, however, not to rush prematurely into agreeing to a “Plan B” repair that merely provides “band-aid” repairs following inadequate investigation that will come back to haunt the owners years later.

Fill out the form or call us today to discuss your concerns related to soil erosion, slope instability, and any other construction defect with an experienced attorney.

Because each person’s situation is unique, and the law is constantly changing, please do not rely on anything in this Website as legal advice. To understand your legal rights you must speak directly to a lawyer about your problem. Read our complete disclaimer.

Burg Simpson Attorneys Featured on the Cover of The Best Lawyers in America 2017®

 February 24, 2017

Burg Simpson Attorneys Featured on the Cover of The Best Lawyers in America 2017®

Burg Simpson Eldredge Hersh & Jardine attorneys were featured today on the cover of The Best Lawyers in America 2017®, a supplement issued in the Denver Post and Wall Street Journal. The publication also includes an article featuring founding shareholder Michael S. Burg. 20 lawyers from Burg Simpson were listed in The Best Lawyers in… Read more »

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances (Part 1)

 January 30, 2017

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances (Part 1)

Ronald Sandgrund (Of Counsel), along with Associates Jennifer Seidman, Leslie Tuft and Nelson Boyle of the Burg Simpson Construction Defect Group have co-authored a three-part article in The Colorado Lawyer. The article discusses the many recently enacted construction defect Colorado municipal ordinances, including their “right-of-repair,” “HOA disclosure and consent-to-sue” and arbitration procedures. Part 1 of… Read more »

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

 July 8, 2016

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

When you buy or build a home you don’t expect your windows to be defective. Thousands of homeowners nationwide, however, may have defective aluminum-clad windows installed in their homes. Unfortunately, many of these homeowners are in the dark about the cause of their problem until after spending thousands of dollars replacing windows they shouldn’t have… Read more »

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

 April 29, 2016

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

The recent Colorado Springs landslides have prompted questions and concerns from local homeowners. The Gazette is publishing a special report about the landslide hazards in Colorado Springs and what, if anything is being done about them. As part of this special report, The Gazette recently interviewed Burg Simpson construction defects attorney Scott Sullan about important… Read more »

Important Notice – KB Homes Structural Defect Found

 April 11, 2016

Important Notice – KB Homes Structural Defect Found

Important Information Regarding Townhomes Built by KB Homes After January 1, 2008 Lack of Code Required Lateral Force Support System Licensed structural engineers have identified a defect in the structural framing in many townhomes built by KB Homes. Beginning in 2008, KB Homes changed the manner in which it was building walls between townhomes. In… 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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