Firm-Wide blog

Construction Defects: When Your Dream Home Becomes a Nightmare

By Burg Simpson
November 17, 2020
5 min read

If you have recently moved into your new dream home and are experiencing the nightmare of construction defects, call the attorneys at Burg Simpson today. Legal disputes regarding construction defects can be contentious and complicated, but this is an area in which we have excelled for over 25 years.

The construction defect attorneys at Burg Simpson work to protect and enforce our client’s legal rights. We can address issues from the roof to the foundation, and also handle matters regarding shifting soil, heaving pavement, the presence of mold, and more.

If you have discovered construction defects in your new home, call Burg Simpson’s construction defect department today at (720) 689-1116 or fill out our FREE Case Evaluation form so we can schedule a time to discuss your legal matter.

The Construction Defects Department

Burg Simpson’s Construction Defect Department was ranked Regional Tier One, the highest-ranking available, by Best Law Firms® in 2020. Our team of construction defect attorneys has the knowledge, experience, reputation, and resources to assist you with your construction defects matter.

Our Construction Defect Team Leaders:

The  Construction Defect Department is steered by shareholders Mari Perczak and Craig Nuss:

Mari Perczak, the co-practice group leader of the Construction Defects department at Burg Simpson. 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. Recently, Ms. Perczak was lead trial counsel in a lengthy arbitration, Burg Simpson shareholder Mari Perczak, 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. Ms. Perczak’s distinguished credentials include being recognized by Martindale-Hubbell with the top Preeminent® AV rating. She has also been selected by her peers as a Colorado Super Lawyer® every year since 2012 and was named as a Top 100 Super Lawyer for 2021.  Additionally, Ms. Perczak has been recognized by Best Lawyers in America, Barrister’s Best by Law Week Colorado, and 5280 Magazine as one of Denver’s Top Lawyers.

Craig S. Nussthe co-practice group leader of the Construction Defects department at Burg Simpson. Mr. Nuss focuses his practice on representing homeowners and homeowner associations in construction defect cases. In the past three decades, Mr. Nuss has handled more than 70 civil jury trials in Colorado state and federal courts. Mr. Nuss’s distinguished credentials include being recognized by Martindale-Hubbell with the top Preeminent® AV rating and being a member of the American Board of Trial Advocates (ABOTA), a prestigious and invitation-only international trial lawyer organization. He has also been selected by his peers as a Colorado Super Lawyer® every year since 2007. Additionally, Mr. Nuss has been recognized by Best Lawyers in America, National Trial Lawyers Top 100, and 5280 Magazine as one of Denver’s Top Lawyers. Mr. Nuss is currently serving as a trustee of the Colorado Bar Foundation which is the charitable arm of the Colorado Bar Association

What are Construction Defects?

In Colorado, a construction defect is defined as any “defect in the design or construction of any improvement to real property that causes any damages to, or the loss of use of, real or personal property or personal injury.”

Generally, there are two types of construction defects:

  1. Patent defects: those that are readily apparent or visible to the naked eye.
  2. Latent defects: those that are not obvious or are not visible.
  • Construction Defects Include:
  • Soil instability
  • Geologic hazard problems
  • Stucco failure
  • Water intrusion
  • Building envelope failures
  • Roof failures
  • Drain failures
  • Design errors
  • Poor workmanship
  • Building material and product failures
  • Roadway issues
  • Failing roads and infrastructure

Burg Simpson’s Construction Defect Lawyers Represent Homeowners

Burg Simpson is a nationally recognized leader in construction defect litigation and our construct defect attorneys have successfully represented thousands of homeowners in single-family homes and multi-family homes for more than 25 years.

Even if you are not the original buyer of your home, if you discover construction defects, it is possible to file a claim against the general contractor, sub-contractors, suppliers, or anyone involved in the construction of your home. Burg Simpson’s construction defect lawyers will work to get construction defects repaired, and can even help homeowners with emergency repairs until we reach a resolution.

Resolving Your Construction Defect Matter

Construction defect litigation can be expensive and time-consuming, so we will strive to negotiate an amicable resolution with the responsible parties before your case goes to trial. Negotiation is generally a more cost-effective way of resolving construction defect problems, so our attorneys work with our clients to settle issues with builders and developers. But when negotiation is not possible, our attorneys will litigate your legal matter and take your case to trial. They will pursue your case to its conclusion, including the filing of appeals and the resolution of insurance coverage issues.

Begin the resolution process now by sharing the details of your legal matter. Fill out a FREE Case Evaluation form here

You Have a Limited Time Frame to File Legal Action

Time is of the essence because Colorado’s statute of limitations is two years. The countdown begins “after the claim for relief arises.” This is when the homeowner discovers or should have discovered, a construction defect. The statute is applied separately to each defect.

Call our Colorado construction defect lawyers at Burg Simpson and schedule a free consultation before it is too late at (720) 689-1116.


Free case evaluation form