Construction Defects

Construction Defects Client Results

No lawyer can or should guarantee any particular result because every case is unique and the law affecting the outcome of a case may change over time. Each case must be analyzed on its own merits. For more information on how to better understand the outcome a lawyer obtains in a particular case go to How to Choose a Construction Defect Lawyer.

We promise we will work hard to get the best result we can for you. Here are descriptions of some cases we have handled.

Obtained $39.5 million construction defect, foundation, and moisture intrusion settlement for Boulder County homeowner association on behalf of the owners of 226 units.

Obtained $32.5 million in product liability settlements on behalf of the owners of more than 12,000 Colorado homes with defective windows.

Negotiated $26.4 million moisture intrusion, shear wall, sound transmission, and structural fill defect settlement for Durango/La Plata County condominium association on behalf of 65 residential and 16 commercial condominium owners.

Building envelope, roof, drainage, and window product

On eve of trial, resolved structural defect and moisture intrusion lawsuit for more than $25 million for Douglas County homeowner association on behalf of over 86 condominium unit owners.

Achieved $24.3 million moisture intrusion, expansive soil, and construction defect settlement for Arapahoe County homeowner association on behalf of more than 320 condominium owners.

Negotiated $18 million moisture intrusion and construction defect settlement for Arapahoe County homeowner association on behalf of more than 56 condominium owners. Obtained separate $1.48 million settlement with stucco/EIFS applicator.

Building envelope, grading and drainage, concrete, roof, and window product

Following several days of trial, concluded $13 million leaking siding and artificial stone veneer, expansive soil and construction defect settlement for Arapahoe County homeowner association on behalf of more than 282 condominium owners, plus obtained about $1 million in repairs.

Obtained $12 million construction defect settlement for Glenwood Springs condominium homeowner association on behalf of the owners of 104 units.

Structural defect and moisture barrier

Obtained $11.7 million construction defect settlement for Summit County homeowner association on behalf of the owners of 84 units.

Obtained $11.67 million jury verdict for damages on negligent construction, negligent misrepresentation, breach of implied warranty, and breach of fiduciary duty claims against developer, builder, and each of their principals, individually, on moisture intrusion, EIFS, and other construction defect claims on behalf of Adams County homeowner association. The case settled while on appeal for $11.75 million.

Windows, brick veneer, balconies, and roof

Flooring system defect settlement

Negotiated $8.3 million defective building envelope, window installation, drainage and structural support settlement for the owners of 206 townhomes in Adams County.

Obtained $7.5 million construction defect settlement for Eagle County homeowner association on behalf of the owners of 24 units.

Construction defect and faulty windows

Obtained $6.85 million construction defect settlement for Adams County homeowner association on behalf of the owners of 136 units.

Obtained $6.2 million jury verdict and judgment on behalf of four sets of Jefferson County homeowners arising from damage due to Colorado’s deeply dipping bedrock. The case settled on a confidential basis after trial.

Obtained $6.1 million bad stucco and construction defect settlement for Colorado Springs homeowner association on behalf of the owners of 126 single-family homes.

Obtained $5.3 million moisture envelope, EFIS, and structural defect settlement for 48 residential and six commercial condominium unit owner association in Denver.

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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