Colorado Construction Defects

The Who What When and Why of Transition Site Inspections

By Burg Simpson


The transition process is often focused on the election of board members. But, in reality, that is only the beginning of the transition. It is what comes after a majority of the board is owner-elected that is important to the success of the community association.  As we have discussed in prior posts, transition is a… Read more »

Smooth Shave or Smooth Transition

By Burg Simpson


To get a smooth shave I’m told that you need to: have a sharp razor; use a good soap/cream; be careful and methodical; Well, getting a smooth transition of your community association from declarant control to homeowner control is exactly the same. First, you need a sharp razor.  I don’t mean to slit someone’s throat,… Read more »

Experts to Rely on During Transition & Questions to be Asked [Chart]

By Burg Simpson

Expert Possible Questions Community Association Manager Is budget sufficient? Do you have complete records? Have you reviewed enforcement action taken? Do you have transition audit? Have you provided a board member orientation? Do you understand interplay with any master/sub/special district? Do you have copies of any sales materials provided by declarant? CPA Is the transition… Read more »

Construction Defects Time Limitations Across States

By Burg Simpson

Often community managers will know of at least one particular community that has recurring problems. It is always important not to delay investigation because of applicable legal time limitations. Depending on the age of the buildings and a specific set of events, suit can or cannot be brought by the association. Typically, associations in Colorado… Read more »

Lawsuits Filed Against Allura USA Alleging Defective Fiber Cement Siding

By Burg Simpson

Multiple lawsuits have been filed against Allura USA and its corporate affiliates (collectively “Allura”) in Iowa, Kansas, Massachusetts, North Carolina, Ohio and South Carolina, alleging that its fiber cement siding is defective. Allura advertises on its website that its fiber cement products have a 50-year limited warranty and will not “rot, warp, fade, burn or… Read more »

Burg Simpson Attorney, Jennifer Seidman, in the March issue of the Colorado Lawyer’s “Member Spotlight” Section.

By Heidi Culbertson

Jennifer Seidman, Of Counsel with Burg Simpson Eldredge Hersh & Jardine, is featured in the “Member Spotlight” section of the March issue of the Colorado Lawyer.  Ms. Seidman is the Colorado Lawyer‘s newest board member and serves as the coordinating editor for the magazine’s Tort and Insurance Law features. Jennifer Seidman’s practice focuses on representing… Read more »

Michael Burg of Burg Simpson Working to Assist Those Affected by the Deadly Gas Explosions in Massachusetts

By Burg Simpson

On Tuesday, September 25, 2018, Michael Burg, founding partner of Burg Simpson, spoke with WGBH news about the Massachusetts gas explosions that occurred earlier this month. On September 13th, residents of Andover, North Andover and Lawrence were affected by a series of deadly gas explosions that killed one person and injured 25 others. A state… Read more »

Community Managers, Homeowner Associations, and Homeowners Beware – New OHSA Standard Limits Worker Exposure to Silica

By Burg Simpson


More than 2 million workers are exposed to crystalline silica every year on the job, according to the Occupational Safety and Health Administration, most of whom work in general construction. The other 10 percent of exposed workers are in either the general industry, maritime, or fracking trades. Crystalline silica is an everyday mineral found in… Read more »

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