Mari Perczak is the co-practice group leader of the Construction Defects department at Burg Simpson. She and her department have achieved Tier 1 status by US News and World Report, which is the highest-ranking available. Ms. Perczak has more than thirty years of experience as a Colorado trial lawyer and has successfully handled many large construction defect cases for Colorado homeowners and homeowner associations. In 2020, Ms. Perczak was lead trial counsel in a lengthy arbitration where she and her team of construction defect trial lawyers, secured a $19.48 million award for a 17-building, 82-unit residential common interest, townhome community in Aurora, Colorado. Also in 2020, Ms. Perczak obtained a $28.55 million settlement for a Boulder County townhome community experiencing foundation and concrete movement due to swelling soils activated by poor grading and drainage, as well as other defects. She obtained a verdict in excess of $6 million for her clients when she handled a four-week jury trial in Glenwood Springs involving twenty severely damaged homes. In 2012, Ms. Perczak and her co-counsel obtained the largest reported residential construction defect verdict in Colorado of $17 million. Known for her hard work and tenacity, Mari has brought many favorable verdicts, arbitration awards, and settlements for her clients.
Those in the legal community are familiar with Ms. Perczak’s formidable skills and abilities. Retired Judge Christopher Cross in Final Arbitration Award commented on Ms. Perczak’s experience: “She has earned a reputation in the legal community for her litigation skill, ethical behavior, and professionalism.” Attorney Jonathan Pray, Brownstein Hyatt said, “The reputation of the construction defect practice group within Burg Simpson is unparalleled in this state. No firm or practice group in Colorado has more experience litigating residential construction defect disputes, and especially disputes involving geotechnical and foundation issues. Ms. Perczak is one of the deans of the Colorado construction defect bar.
Ms. Perczak has obtained many successful awards for her clients, including:
- 28.55 Million settlement obtained on behalf of Boulder County townhome association with 75 townhomes involving foundation and concrete movement, poor grading and drainage, water intrusion, and tile roof defects.
- $26.4 Million settlement on behalf of an 82-unit association involving foundation distress, water intrusion, and shear wall defects;
- $24.3 Million settlement on behalf of a 320-unit homeowners’ association involving foundation distress, water intrusion, and drainage defects;<
- $19.5 Million settlement for a 56-unit southwest Denver homeowners association involving water intrusion through a poorly constructed building envelope and stucco facade;
- 19.48 Million arbitration award against Century Communities, Inc. and others on behalf of 83 unit townhome community involving improper foundation design, grading and drainage defects, fire protection deficiencies, and water intrusion.
- $18.2 Million recovery involving drainage and building envelope defects;
- $17.5 Million recovery following a jury verdict award 17 Million;
- $17+ Million recovery for a large multi-family community with drainage, building envelope, and fire protection defects;
- $14+ Million recovery for 52 residential buildings with structural framing, drainage, roof, and building envelope defects;
- $12.5 Million settlement on the third day of trial for a homeowners’ association involving 282 units with stone veneer, siding, window, and drainage defects;
- $10.8 Million recovery for foundation damage to 20 single family homes on collapsible soils;
- $8.5 Million recovery following a settlement with a general contractor and 8.1 Million jury verdict against developer;
- $8.3 Million recovery against a national builder and window manufacturer for siding and window defects;
- $7.35 Million settlement on behalf of a downtown Denver homeowner association with 57 commercial and residential units involving defective courtyard podium slabs, leaking windows, and stucco defects;
- $5.3 Million for downtown condominiums with stucco defects;
- $4 Million settlement on behalf of a mixed-use downtown property development with moisture intrusion, mold, and EIFS defects; and
- $2.5 Million judgment following a jury verdict against a siding repair contractor.
Ms. Perczak’s practice focuses on representing homeowners and homeowner associations in construction defect and defective building products cases. Ms. Perczak has successfully resolved construction defect lawsuits involving:
- Structural failures and foundation movement;
- Water intrusion and building envelope failures;
- Cracking and improperly applied real and artificial stucco (EIFS);
- Roof leaks and failures;
- Inadequate drainage;
- Fire Sprinkler failures;
- Building product defects, including leaking windows; and
- Engineering errors.
Ms. Perczak presents educational seminars to attorneys and property managers on issues relating to construction defect litigation, trials, and evidence preservation. She has served on educational committees for the Rocky Mountain Chapter of the Community Associations Institute (CAI) and is a past member of CAI’s board of directors.
Ms. Perczak has earned the top rating (AV) from Martindale-Hubbell, the nation’s leading legal directory. The rating reflects a lawyer’s expertise, competence, and adherence to ethical and professional responsibilities. Ms. Perczak is a member of the Colorado and Denver Bar Associations.
Married with three children, Mari spends her free time with her two daughters competing in equestrian events.
Law Week Colorado's, Barrister's Best - People's Choice Award: Best Construction Defects Lawyer-Plaintiffs, 2019 -2020
Best Lawyers® “Lawyer of the Year 2017,” Construction Law – Denver
AV Preeminent® Rating, Martindale-Hubbell
5280 Magazine Top Lawyer, 2015-2021
Selected to Best Lawyers® in America, 2016-2021
Selected to Best Lawyers® Women in the Law, 2020
Select to Colorado Super Lawyers®, 2012-2021 and Top 100 Super Lawyers® 2021
Selected to Colorado Super Lawyers® Top 50 Women, 2021
U.S. District Court District of Colorado, 1986
U.S. Court of Appeals 10th Circuit, 1986
J.D., University of Denver College of Law, Denver, Colorado, 1986
B.A., Colorado State University, Fort Collins, Colorado, 1983 (Political Science)
magna cum laude
Phi Beta Kappa
Colorado Trial Lawyers Association
Colorado Bar Association
Rocky Mountain Chapter, Community Associations Institute
"Burg Simpson Construction Defect Team Secures $19 Million Arbitration Award," Law Week Colorado, November 30, 2020. Based on an interview with Mari Perczak regarding the Beacon Point Townhomes.
“The Colorado Supreme Court May Have Granted Developers the Right to Perpetually Control Common Interest Communities,” Trial Talk, August/September 2017, co-authored with Jennifer A. Seidman, Leslie A. Tuft, Brian K. Matise, and Ronald M. Sandgrund
"Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act-Parts I and II," The Colorado Lawyer, (co-authored with Ron Sandgrund and Leslie Tuft), vol. 38, nos. 5 and 6, 2009
"Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act," Continuing Legal Education of Colorado, 2008
"Colorado Residential Construction Law: 'Actual Damages' Recovery Update and Trends," Continuing Legal Education of Colorado, 2010
“Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations,” College of Community Association Lawyers Law Seminar, 2017
“So You’re Not an Engineer- Tips for Deposing the Technical Expert,” National Trial Lawyers Summit, 2017
"The New Landscape in Construction Defects seminar," Colorado Law Institute’s Construction Law Conference, 2018