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.

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

 March 23, 2017

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

One of President Trump’s newest proposed executive orders is meant to protect “religious liberty.” Instead, it has the potential to legalize the discrimination of gays, women, and other minorities. As such, Burg Simpson founding shareholder Alan Simpson urges the president to think twice before signing it, arguing that not only is the measure wildly unpopular… Read more »

Michael S. Burg Makes Case for Supreme Court Nominee

 March 23, 2017

Michael S. Burg Makes Case for Supreme Court Nominee

Supreme Court nominee Neil Gorsuch’s lengthy Senate confirmation hearing is expected to wrap up this week. President Trump nominated Gorsuch, a 10th Circuit Appellate judge, last month to fill the late Justice Scalia’s seat after his sudden death last year. The Colorado native has drawn strong Republican support but faces critical Democrats concerned about his… Read more »

Winners Awarded in Burg Simpson College Scholarship Competition

 March 15, 2017

Winners Awarded in Burg Simpson College Scholarship Competition

Denver, CO – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, announced the winners of its Fifth Annual College Scholarship Competition. Launched in 2012, the competition encourages seniors from across the state to write a 1,500-word essay about the importance of the civil jury system as the guardian of American… Read more »

5th Annual Jeremy Bitner 5K to support fallen officers

 March 7, 2017

5th Annual Jeremy Bitner 5K to support fallen officers

Denver, Colorado – On May 28th, 2012 Englewood Police Detective Jeremy Bitner lost his life after he was struck and killed by a vehicle while performing a traffic stop. The 8-year police veteran left behind his wife as well as a young son and daughter, and his absence was felt by other family members and… Read more »

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances

 January 30, 2017

Burg Simpson Construction Defect Group Discuss 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 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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