Colorado Construction Defects

Colorado Construction Defects Attorneys

Are you stuck inside a new home infested with mold?
Are all the roofs on the houses in your HOA falling apart?
Has shifting soil sent your foundation sliding?
Don’t know what to do?

Call our Colorado construction defects attorneys for help today. Disputes over construction defects can be contentious and complicated – and it does not help that the laws seem to be changing constantly. Call us directly at (720) 689-1116 or fill out our FREE Case Evaluation form right now so we can help protect your family’s largest investment – your home.

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Our Colorado construction defects attorneys are eager to offer you informed, compassionate legal representation for a variety of construction defects, including:

Click here for a more comprehensive list of our CASE AREAS. You can also reach out to our Colorado construction defect attorneys right now by calling (720) 689-1116!

Additional Construction Defects Resources:

WHAT ARE CONSTRUCTION DEFECTS?

Unlike most commercial transactions, the exchange between a builder and a consumer is unique in that the builder is also the seller, and – at least according to the Colorado Supreme Court – “they are not in an equal bargaining position and the buyer is forced to rely on the skill and knowledge of the builder.” Because of this, Colorado has struggled for years to balance the rights of both builders and buyers when negotiating disagreements between them.

If you need a construction defects lawyer, fill out a Free Case Evaluation form before it is too late!

The most frequent disputes stem from 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.” It sounds straightforward, but in this kind of litigation, it’s anything but. It can even be a struggle to reach a consensus on just what a construction defect is.

Generally speaking, there are two types of construction defects:

Patent defects: those that are readily apparent or visible to the naked eye.
Latent defects: those that aren’t obvious or simply are not visible.

Defects can range from structural issues such as foundation problems to simple ones such as crown molding or incorrect paint color. Burg Simpson’s Denver construction defect attorneys have been fighting for the rights of homeowners and homeowner associations for more than 20 years. And not just in Colorado. Burg Simpson is a nationally recognized leader in construction defect litigation.

SINGLE HOMEOWNERS

One of the most significant investments most people will ever make is purchasing their home. At Burg Simpson, we believe you should get what you pay for. We have fought for homeowners for decades and have been recognized as a leading construction defects law firm. Our construct defect attorneys have successfully represented thousands of homeowners.

Most people do not realize that you do not have to be the original buyer of your home to pursue recourse against the builder or developer if construction defects appear. You could also have a claim against anyone else involved in the construction of your home, from the sub-contractors to the suppliers.

We care about more than just a check. We will work hard to get construction defects repaired permanently so you do not end up in the same place two years from now. We help homeowners identify qualified professionals to evaluate the problems, assess repair alternatives and realistically estimate costs. Because these cases can take time, we also help homeowners deal with emergency repairs until we reach some kind of resolution.

Litigation can be costly and time-consuming. In these cases, we strive to negotiate an amicable resolution with the responsible parties, before it makes it to a courtroom. However, that is not always possible. We are willing and able to pursue a lawsuit to its conclusion, including appeals and the resolution of any lingering insurance coverage issues.

Tell us the details of your case now by filling out a FREE Case Evaluation form here

MULTI-FAMILY HOMEOWNERS

In the first few years after a new residential development is finished, builders and developers control homeowner associations (HOA). What they want more than anything is to limit the repairs they have to make. When the residents finally do acquire control of the board, they usually end up stuck with the repairs and the bills.

We can help homeowner association boards find experienced construction professionals to evaluate problems and make repairs. Before heading to litigation, we work with our clients to settle issues with builders and developers. Negotiation can be a much more cost-effective way of resolving construction defect problems.

Our law firm has represented thousands of condominium, townhome, and homeowners associations across the state seeking damages for residential construction defects, such as:

  • Soil and slope instability and geologic hazard problems
  • Real and artificial stucco failure
  • Water intrusion and building envelope failures
  • Roof failures
  • Underground drain failures
  • Design errors
  • Poor workmanship
  • Building material and product failures
  • Roadway problems
  • Construction material and building product failures
  • Failing roads and infrastructure

HOW MUCH TIME DO I HAVE?

Colorado courts and lawmakers have been wrestling with the finer points of construction defects law for decades. One of the biggest changes over the last several years has been an orchestrated effort to scale back homeowners’ rights. The most dramatic of which has been to slash the statute of limitations to two years. The clock starts ticking “after the claim for relief arises,” which is defined as when a homeowner discovers (or should have discovered) a construction defect. This statute applies to each defect separately.

Additionally, these cases can take a long time to negotiate – and even longer to litigate. So time is of the essence. Our Denver construction defect attorneys have handled dozens of these cases over the years. We have dealt with developers, builders, and building material manufacturers. If you have noticed anything strange at all, or if someone in your home has been injured by what you think is a defective design or assembly, call one of our Colorado construction defect lawyers before it is too late at (720) 689-1116 or talk to us for FREE.

FREQUENTLY ASKED QUESTIONS

This area of law is complicated and it can get increasingly technical. So it is understandable that you might have questions about whether you have a case and what your rights are. We have assembled a comprehensive, approachable FAQ here to help explain some of these issues better. Reach out to one of our experienced Colorado construction defect lawyers. Every case is different. Call us at (720) 689-1116, or fill out our FREE EVALUATION FORM today.

Click for your free case evaluation

Michael Burg body broker interview

 March 19, 2019

Inside Edition Interviews Michael Burg on Body Broker Case

Esteemed founding shareholder Michael Burg explained the details of a body broker case in Arizona brought by several families against Biological Resource Center, Inc. and its owner, Steve Gore. In this terrible case, the families donating their deceased loved ones’ bodies to scientific research did not realize the company intended to dismember the corpse and… Read more »

Bolye, Nelson

 March 18, 2019

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule In the 2018 case of Forfar v. Wal-Mart, 2018 COA 125, Burg Simpson Attorney Nelson Boyle won an important appeal on behalf of Burg Simpson’s client Robert Forfar. Mr. Fofar was represented at trial by several attorneys at the Paul Wilkinson… Read more »

Michael Burg on KHOW

 March 15, 2019

Michael Burg on KHOW Talk Radio: Your Money, Your Retirement, on Saturday, March 16th at 2 pm.

Michael S. Burg, the founding shareholder at the law firm of Burg Simpson Eldredge Hersh & Jardine, will be appearing on the weekly talk radio show, Your Money, Your Retirement on Saturday, March 16th at 2 pm. Mr. Burg will be a guest of co-host Tim Smile on KHOW radio. Michael Burg will be discussing… Read more »

 March 11, 2019

Burg Simpson Presents Awards to the 2019 Scholarship Competition Winners!

     Each year, Burg Simpson awards college scholarships to the graduating high school seniors who win our essay competition regarding the importance of the U.S. civil jury system, and how it is being threatened. The annual Burg Simpson Scholarship Competition is an outstanding opportunity for high school seniors to obtain additional funds for college,… Read more »

 March 11, 2019

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

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 »

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

 March 5, 2019

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

Colorado has some of the shortest deadlines in the country for filing a construction defect lawsuit. Generally, a homeowner or a homeowner association board has a limited amount of time from obtaining the certificate of occupancy to filing a claim. But do not assume that your opportunity to file a construction defect claim has passed. If… Read more »

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

 March 5, 2019

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

Filing a civil action against a construction company, contractor, architect, engineer, or other construction professional for a construction defect can be complicated. This is especially true if you are filing as an individual homeowner or a member of a homeowner’s association. In this short and informative video, Construction Defects attorney, and Burg Simpson shareholder, Craig… Read more »

Meet our Attorneys – Craig Nuss, Construction Defects Shareholder

 March 5, 2019

Meet our Attorneys – Craig Nuss, Construction Defects Shareholder

At Burg Simpson, our motto is Good Lawyers, Changing Lives. But it is not just a slogan, it is who we are. Burg Simpson is a nationally renowned trial firm, and Craig Nuss is a shareholder and an attorney in the Construction Defects department. Mr. Nuss is an award-winning lawyer who has been handling construction defects cases for… Read more »

Workers’ Compensation Claims – We Will Be Your Guide

 March 5, 2019

Workers’ Compensation Claims – We Will Be Your Guide

The workers’ compensation system is very complicated and difficult to navigate on your own, but Burg Simpson can help.  Our award-winning attorneys specialize in workers’ compensation claims to ensure that your rights and benefits are protected. Our workers’ compensation lawyers have decades of experience in dealing with Colorado workers’ comp laws, and in making sure that our… Read more »

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

 March 5, 2019

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

When you have suffered from a personal injury, or the loss of a loved one due to wrongful death, it can make matters even more complicated when you are attempting to deal with all of the accompanying legal issues on your own. When you have experienced this kind of trauma, it is important that you focus… Read more »

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

 March 5, 2019

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

Colorado has some of the shortest deadlines in the country for filing a construction defect lawsuit. Generally, a homeowner or a homeowner association board has a limited amount of time from obtaining the certificate of occupancy to filing a claim. But do not assume that your opportunity to file a construction defect claim has passed. If… Read more »

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

 March 5, 2019

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

Filing a civil action against a construction company, contractor, architect, engineer, or other construction professional for a construction defect can be complicated. This is especially true if you are filing as an individual homeowner or a member of a homeowner’s association. In this short and informative video, Construction Defects attorney, and Burg Simpson shareholder, Craig… Read more »

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