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.

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 »

Construction Defects Reform - Denver Construction Defect Attorneys – Burg Simpson

 May 12, 2017

Colorado Lawmakers Wrestle with Construction Defects

Colorado’s had one of the hottest home building markets in the country for several years now. But that rosy picture’s been marred by a single stain: condominiums. Ten years ago, condos made up about 20 percent of all new builds in Colorado. Today, they make up only about 3 percent of new residential construction. Where… Read more »

Colorado Municipal Ordinances - construction defect lawyer Colorado - Burg Simpson

 March 27, 2017

Burg Simpson Construction Defect Group Discusses Colorado Municipal Ordinances

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 Colorado Bar Association’s monthly law journal. The article discusses the many recently enacted construction defect Colorado municipal ordinances (CD ordinances), including their right-of-repair, HOA… 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 »

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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