Colorado Construction Defects

Commercial Property Owners – Colorado Construction Defect Lawyers

Commercial Property - Denver Construction Defect Lawyers - Colorado Burg Simpson Denver’s office and industrial real estate markets have been as healthy as the state’s residential real estate sector, posting quarter after quarter of unprecedented growth. In fact, according to the Denver Post, “Of the three major commercial real estate segments, industrial remains the strongest in metro Denver. Tenants have absorbed more space than they have let go for an unprecedented 29th consecutive quarter, with no signs that it’s about to end.”

With commercial inventory getting snapped up as soon as its built, builders and developers have to race to keep up with market demand. That rush can lead to hastily built commercial properties. Rushed projects often come with defects in design or construction. If you’re a commercial property owner and you’ve discovered problems with your building, contact us right now to schedule a confidential consultation with one of our Colorado construction defect lawyers at 303-792-5595 or fill out our FREE CASE EVALUATION form.

The issues involving commercial property owners are often more complex and fact-specific than those involving residential property owners. For example, claims of negligence could be barred by the terms of one or more contracts between the property owner and the contractor, design professionals, and/or subcontractors through application of the “economic loss rule.” The economic loss rule generally prevents recovery for negligently caused economic losses when the duty breached is part of a contractual duty and the harm suffered is the failure of the contract itself. Economic losses are defined generally as damages other than physical harm to persons or property (such as lost profits or returns on investment), although courts have applied the economic loss rule in the commercial property setting to the cost of repair and replacement of property that’s the subject of the parties’ contracts.

Most states, along with the U.S. Supreme Court, have adopted some type of economic loss rule. Each jurisdiction’s rule must be carefully analyzed to determine the extent of its applicability to a particular commercial property owner’s situation. For example, the Colorado Supreme Court enforced the economic loss rule in 2004 against a subcontractor who wasn’t a party to a network of interrelated contracts regarding a commercial construction project. On the other hand, several well-recognized exceptions provide that a contractor could be liable to a property owner based on negligence even though the economic loss rule might otherwise apply.

In addition, the parties’ contracts might severely limit the property owner’s recoverable damages. This requires a detailed analysis and consideration of the contracts and their potential impact on the claims that can be pursued and the owner’s recovery before suit is file. States’ pre-lawsuit notice of claim or right to repair statutes also might apply differently to commercial properties.

Even if you aren’t the original buyer of your building, you might still have recourse if you discover construction defects on the property.

The economic loss rule, other contractual limitations, and pre-lawsuit notice/repair statutes are just a few examples of the complex, fact-specific issues that have to be addressed at the outset of every commercial property construction defect case. We have extensive experience with these and the many other specific issues related to commercial real estate that are important to each case and can effectively represent you as a commercial property owner.

If your commercial property is riddled with construction defects, call Burg Simpson’s Denver construction defect attorneys at 303-792-5595 to help recover the compensation you deserve.

Normally, we work on a contingency basis. The fee we earn is established as a part of whatever recovery we secure on your behalf. In other words, we only get paid if we’re able to secure compensation for you. If we don’t win your case, then you don’t have to pay us a thing. If you work with us on your claim, everything will be detailed in a written fee agreement. You can go over all the details of our Fees and Costs.

It’s also important to point out that you can’t depend on anything you read – here or anywhere else – as legal advice. To understand your legal rights, and have them adequately protected, you need to talk with a lawyer about your situation. Read our complete disclaimer.

CONTACT BURG SIMPSON CONSTRUCTION DEFECT LAW FIRM NOW

Every client – and property – is unique. The law related to commercial property is incredibly complicated. And the laws governing this area of real estate is changing constantly. This isn’t the type of case you can handle on your own. You need to speak with an experienced construction defects lawyer as soon as possible.

Fill out our FREE Case Evaluation Form or call us today at 303-792-5595 for a no-cost, no-obligation consultation with one of our Colorado construction defect attorneys.

Michael S. Burg Warns Against the End of Net Neutrality

 June 14, 2018

Michael S. Burg Warns Against the End of Net Neutrality

Net neutrality ended this week not with a bang, but a whimper. Late last year, the Federal Communications Commission voted to overturn Obama-era rules put in place to maintain a free and open Internet. Because of that, those rules officially expired June 11. Of all the reversals the Trump Administration has pulled in the last… Read more »

Burg Simpson Backs Phamaly Theatre Co. in a Big Way

 June 13, 2018

Burg Simpson Backs Phamaly Theatre Co. in a Big Way

The attorneys at Burg Simpson do more than fight for the rights of victims of traumatic brain and spinal cord injuries. They help them reclaim their lives. That passionate belief is why Burg Simpson has chosen to support Denver’s own Phamaly Theatre Co. The Phamaly Theatre Co. is a theater group made up exclusively of… Read more »

Local News Spotlights Jeremy Bitner Foundation

 June 12, 2018

Local News Spotlights Jeremy Bitner Foundation

KMGH-TV, Denver’s ABC affiliate, highlighted the 2018 Jeremy Bitner Run on “Mile High Living” last week. The sixth annual 5k/10k run and 5k walk, which is set to take place at 6:30 a.m. Saturday, June 16, at Cornerstone Park in Englewood, Colorado, benefits the families of fallen police officers. Burg Simpson shareholder Nick D. Fogel,… Read more »

Burg Simpson Announces Sponsorship of Craig Hospital’s 2018 Pedal 4 Possible

 June 7, 2018

Burg Simpson Announces Sponsorship of Craig Hospital’s 2018 Pedal 4 Possible

Once again, Burg Simpson is throwing its support behind the miracle workers at Craig Hospital. Burg Simpson is a proud sponsor of Pedal 4 Possible (P4P), a charity bicycle ride that benefits Craig Hospital and its programs. This year’s Pedal 4 Possible, set for Saturday, Sept. 15, boasts courses for all skill levels, including a… Read more »

OHSA Standard Limits Worker Exposure to Silica - Construction Defect Law Firm - Burg Simpson

 May 2, 2018

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

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 »

Stucco Installation Invites Mold- Colorado Construction Defect Law Firm - Burg Simpson

 March 21, 2018

Poor Stucco Installation is an Invitation for Mold

One of the single most critical aspects of any new home is what’s referred to as the building envelope or building enclosure. This is the part of any building that physically separates the exterior environment from the interior.  Think of it as the “skin” of a building. The construction defect attorneys at Burg Simpson recently… Read more »

Ruling Against Homeowners Association - Denver Construction Defect Attorneys - Burg Simpson

 January 29, 2018

Appeals Court Overturns Ruling Against Homeowners Association

The non-delegable duty doctrine is simple enough: when one person, say a homebuilder, renders services which it should recognize as necessary for the protection of third persons, say ensuring construction is done in a good and workmanlike manner and in accordance with all applicable plans, specifications, and building codes for home buyers, the builder cannot… Read more »

Hold Developers Responsible - Construction Defect Lawyer Colorado - Burg Simpson

 December 18, 2017

Hold Developers Responsible for Common Elements

When a developer breaks ground on a new community, it is also responsible for establishing the homeowners association that will eventually govern the neighborhood.  In the early days of most new developments, HOAs are run by the developers themselves. These developers typically draft the Declaration of Covenants, Conditions, and Restrictions, often including special protections for… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

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