Burg Simpson’s Construction Defect Team Handles Arbitrations During COVID-19

Burg Simpson’s Construction Defect Team Handles Arbitrations During COVID-19

By Burg Simpson
November 23, 2020
2 min read

As the pandemic continues to spread, homeowners and homeowners associations face increased challenges in their effort to hold negligent developers and builders responsible for necessary repairs to correct construction defects in their homes. This environment requires homeowners’ counsel to effectively navigate the changing COVID-19 risk concerns and restrictions that can impact the timing and effectiveness of crucial discovery, mediations, trials, and arbitrations.

At Burg Simpson, we know that delay in the resolution of a client’s claim may result in increased damage, loss of use, and disruption. As a result, we take steps to limit the disruption and uncertainty caused by the current pandemic. Our efforts have included consultation with national experts on remote handling of key depositions, trials, and arbitrations. We know that delay almost always benefits developers and their insurance carriers at the expense of homeowners. As a result, we aggressively fight efforts to delay the resolution of our client’s claims.

Recently, Mari Perczak, a shareholder of Burg Simpson, and the practice group leader of the construction defects department, completed a 17-day arbitration resulting in a $19.48 million award for her client despite the on-going pandemic and repeated efforts by the defense to delay the proceedings. The outstanding result obtained in a timely manner allows the Homeowners Association to collect the funds awarded and start repairs next spring.

About Burg Simpson Shareholder Mari K. Perczak

Mari Perczak is the co-practice group leader of the Construction Defects department at Burg Simpson. The department has 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. Recently, 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.  She also handled a four-week jury trial in Glenwood Springs involving twenty severely damaged homes where she obtained a verdict in excess of 6 million dollars for her clients. In 2012, Ms. Perczak and her co-counsel obtained the largest reported residential construction defect verdict in Colorado of $17 million.


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