Construction Defects

Commercial Property Owners

The issues involving commercial property owners are often more complex and fact-specific than those involving residential property owners. For example, tort (negligence) claims may be barred by the terms of one or more contracts between the property owner and the contractor, design professionals, and/or subcontractors through application of the “economic loss rule.” This rule generally prevents recovery for negligently caused economic losses when the duty breached is a contractual duty and the harm suffered is the failure of the contract’s purpose. Economic losses are defined generally as damages other than physical harm to persons or property (lost profits, return on investment, etc.), although courts have applied the economic loss rule in the commercial property setting to the cost of repair and replacement of property that is the subject of the parties’ contracts.

Many states and the United States Supreme Court have adopted a form of the economic loss rule. Each jurisdiction’s rule must be carefully analyzed to determine the extent of its applicability to a particular commercial property owner’s situation. For instance, in 2004 the Colorado Supreme Court enforced the economic loss rule against a subcontractor that was not a party to a network of interrelated contracts regarding a commercial construction project. On the other hand, several well-recognized exceptions provide that a contractor may be liable to a property owner based on negligence even though the economic loss rule might otherwise apply.

In addition, the parties’ contracts may severely limit the property owner’s recoverable damages. This requires a detailed analysis and consideration of the contracts and their potential impact on the claims that can be pursued and the owner’s recovery before suit is file. States’ pre-lawsuit notice of claim or right to repair statutes may also apply differently to commercial properties.

Even if you are not the original purchaser of your building, you may have recourse for construction defects.

The economic loss rule, other contractual limitations, and pre-lawsuit notice/repair statutes are just a few examples of the complex, fact-specific issues that must be addressed at the outset of every commercial property construction defect case. We have extensive experience with these and the many other commercial property specific issues that are important to each case and can effectively represent you as a commercial property owner.

Fill out the form to the right, to schedule your free consultation related to your commercial property defect lawsuit.

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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