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.

Alan K. Simpson Argues For a 28th Amendment

 August 16, 2017

Alan K. Simpson Argues For a 28th Amendment

Are corporation’s people? It might sound like a simple question, but it’s one the U.S. Supreme Court answered in the affirmative when it handed down its landmark Citizens United v. Federal Election Commission decision in 2010. That 5-4 ruling struck down a prohibition against certain election communications by nonprofits, corporations, labor unions, and other associations…. Read more »

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

 August 15, 2017

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

Earlier this summer, the U.S. Supreme Court handed Big Pharma a big victory. In Bristol-Myers Squibb Co. v. Superior Court of California, the high court struck down California’s effort to widen the scope of non-residents seeking relief from dangerous drugs. In an 8-1 decision, the court ruled against nearly 680 plaintiffs who were suing the… Read more »

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

 August 15, 2017

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

  Twenty-Three Attorneys Were Listed in The Best Lawyers in America ® 2018 Four Attorneys Listed as 2018 Best Lawyers “Lawyer of the Year” In Their Practice Area and Region August 15, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce several… Read more »

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

 August 9, 2017

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

August 9, 2017 (Denver, CO) – Thousands of new homes may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen, found in the joists of finished and unfinished basements. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these… Read more »

Arbitration over Litigation - Construction Defects Lawyer - Burg Simpson

 July 24, 2017

Colorado Supreme Court Backs Arbitration over Litigation

When the housing market heats up, it’s buyers of new homes who can really get burned – at least when it comes to the quality of their homes. As builders scramble to keep up with Colorado’s hot housing demand, builders’ efforts to save either money or time can lead defective construction. At a time when… Read more »

Construction Defects Reform - Construction Defect Law Firm - Burg Simpson

 June 30, 2017

Manufacturer Pulls Grenfell Tower Building Material

In the early hours of June 14, a faulty Hotpoint refrigerator-freezer sparked a small fire in an apartment on the fourth floor of Grenfell Tower in west London. Within an hour, flames engulfed the 24-story building. Despite the efforts of more than 200 firefighters and 20 ambulance crews, 79 people were confirmed or presumed dead… 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 »

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

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 »

Pop Culture

 November 18, 2015

Part IV – Does Popular Culture Influence Lawyers, Judges, and Juries?

TV and Movies – What We Love and Love to Hate Twelve Angry Men, To Kill a Mockingbird, the O.J. Simpson debacle…do these movies and televised lawsuits influence decision makers? Burg Simpson attorney Ronald M. Sandgrund continues the panel series dialogue, with Part IV addressing TV and movies. Download full article PDF

Pop Culture Part 3

 November 18, 2015

Part III – Does Popular Culture Influence Lawyers, Judges, and Juries?

Managing Popular Culture’s Influence Popular culture generally has been defined as “culture based on the tastes of ordinary people rather than an educated elite.” Part III investigates whether popular culture may be undermining the rule of law. Burg Simpson attorney Ronald M. Sandgrund mediates this panel article. Download full article PDF

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