Firm-Wide blog

Protecting Your Homeowners Association From Construction Defects

By Burg Simpson
January 5, 2021
4 min read

The construction defect department at Burg Simpson has more than 25 years of experience representing condominium and townhouse associations and has secured more than $1 billion on behalf of our clients. Our lawyers have decades of experience in the industry and are prepared to mediate, negotiate, arbitrate, or take your case to trial.

Some of the most common types of construction defects experienced by associations include:

  • Water Leaks: The intrusion of water is the most type of common construction defect. The most common areas for leakage are the windows, doors, and roof. Installation errors allow water to enter the building and cause damage to wood, drywall, insulation, and other finishes. Leaks can cause wood rot and other damage and contribute to mold growth.
  • Foundation Movement: Foundation movement is most commonly caused by improper structural design or improper construction. Expansive and collapsible soils throughout the state can create movement causing the foundation to crack and deteriorate. Sometimes the shifting foundation can affect the entire structure, causing damage to the windows, doors, framing, and finishes of the home. When the foundation is damaged, it usually can be repaired, but the cost to fix a foundation is typically substantial.
  • Flooding: Flooding, often through basement window wells or at other locations around the foundation, is usually caused by poor grading and drainage. This can be exacerbated by concrete walks that prevent surface water from rain and snowmelt from draining far enough away from the foundation.
  • Concrete Problems: Concrete out of levelness and vertical offsets that create trip hazards typically result from improper installation of the soil beneath the concrete. Issues like cracking, scaling, and spalling can also arise from improperly combined concrete mixes, poor workmanship, and adjacent grading and drainage issues that cause too much water to sit atop the concrete.
  • Mold: While most mold growth is harmless, some mold types can create severe allergic reactions. Costs to remove mold can be significant depending on the extent of the growth and where it is located
  • Structural Issues: Structural issues include insufficiently supported decks, improperly built retaining walls, and railing systems that are not securely anchored.

When to Report Construction Defects?

  • Concerns should be investigated promptly
  • Burg Simpson offers free consultations to discuss your issue
  • Waiting too long to make a warranty claim or pursue legal claims could result in the claims being barred

Resolving Your Construction Defect Matter

Construction defect and product 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 or arbitration. Negotiation is generally a more cost-effective way of resolving construction defect and product defect problems, so our attorneys work with our clients to settle issues with those who are responsible. But when negotiation is not possible, our attorneys will litigate your legal matter and take your case to trial or arbitration. 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.

You Have a Limited Amount of Time to File a Legal Action

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

Contact Burg Simpson Now

If your condominium or townhouse association, or you individually, find a construction defect on your property, call the construction defect lawyers at Burg Simpson to discuss your legal options. Call Burg Simpson now at (303) 792-5595 to arrange for a free consultation


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