Construction Defects

Defective Building Materials

Builders and developers are always looking for less expensive building materials that can do the same job as the materials they have been using for years. Often, using new materials saves builders and homeowners money. However, if new building products are rushed to the market without adequate laboratory analysis, field testing and quality control, then homeowners end up paying the price.

Burg Simpson is a leading construction defect litigation law firm. Four of our attorneys are AV® Peer Review Rated,* and all of our attorneys have extensive experience handling a variety of construction cases related to building material defects.

Compensation for Damages Caused by Defective Building Materials
We have represented many homeowner associations and thousands of individual homeowners in lawsuits seeking compensation for building material defects and product failures such as:

  • Leaking and prematurely deteriorating roofs
  • Defective shingles
  • Defective plumbing
  • Leaking windows and doors
  • Degraded or rotted flooring
  • Siding and exterior surface system failures
  • Real and synthetic (EIFS) stucco installation problems
  • Water intrusion of all kinds from all sources

Building material defects can be traced to lack of testing, errors in the manufacturing process, improper construction methods or application, and a failure to properly consider the interaction of the components and materials with the environment. Regardless of the source of the product failure, we have the experience and resources necessary to effectively handle any claim related to defective building materials.

Results-Oriented Attorneys Handling Construction Defect Cases
Our construction defect attorneys are results-oriented. We are focused on getting the results you need in a cost-effective, efficient manner. Our goal is always to ensure that you have the home you were promised, as soon as possible.

Accordingly, we encourage homeowner associations and individual homeowners to try to work out problems with builders and developers first. But if you have exhausted your options, and the responsible parties refuse to fix the problem, our law firm can step in and provide assistance.

Using Alternative Dispute Resolution Tactics
We strongly recommend the use of “Plan B” settlement discussions. These discussions involve roundtable meetings of construction experts in an effort to develop a reasonable repair plan to be funded by those responsible for the construction problems.

Homeowner associations and homeowners must be careful, however, that the “Plan B” process is not misused to make “band-aid” repairs following inadequate investigation that will come back to haunt the owners years later. No property owner wants to mistakenly rush prematurely agreeing to a “Plan B” repair.

Because the building industry exerts enormous economic influence over the soils engineers that it regularly uses, review by a soils engineer of your own choosing of the soils engineering report and recommendations specific to your home may be prudent. Sometimes a builder’s soils engineer decides that it may not be “cost-beneficial” for the builder to use a certain construction technique that will better solve a problem presented by site conditions, without a serious analysis of the ultimate, future cost to the homeowner due to the failure to use this technique, and without full disclosure of the risk of not using the alternate construction method.

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” settlement discussions involving roundtable meetings of construction experts in an effort to develop a reasonable repair plan to be funded by those responsible for the construction problems.

Homeowner associations and homeowners must be careful, however, that the “Plan B” process is not misused to make “band-aid” repairs following inadequate investigation that will come back to haunt the owners years later.

Fill out the form on the right to schedule your free case evaluation.

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 »

Janet Abaray Profiled in Super Lawyers Magazine

 December 7, 2016

Janet Abaray Profiled in Super Lawyers Magazine

The most recent edition of Super Lawyers Magazine features a profile on Burg Simpson Ohio’s managing shareholder, Janet Abaray. In the feature, Ms. Abaray discusses some of the highlights of her career, the art of “looking around corners” in a case, taking on big pharma, and a well-known class action against the Bengals. Amongst her… 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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