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.

 February 20, 2019

Mike Burg, Named Best Lawyer in 2019!

Michael S. Burg, founder and shareholder of Burg Simpson Eldredge Hersh & Jardine, P.C., has been recognized by Best Lawyers in America and by his peers in the legal community as a “Best Lawyer” every year since 2007. Mike Burg says, “When you’re dealing with insurance companies and you are dealing with large corporations, they… Read more »

 February 19, 2019

The Community Associations Institute – Rocky Mountain Chapter – Presents Spring Showcase and Trade Show

The Community Associations Institute – Rocky Mountain Chapter – Presents Spring Showcase and Trade Show The Community Associations Institute – Rocky Mountain Chapter is hosting their Spring Showcase and Trade Show on March 15, 2019, at the Hyatt Regency Denver.  Burg Simpson is proud to be a sponsor of this event. CAI is an international… Read more »

 February 18, 2019

Ronald M. Sandgrund is Featured in the February Edition of the Colorado Lawyer

Ronald M. Sandgrund is Featured in the February Edition of the Colorado Lawyer Ronald M. Sandgrund, Of Counsel at Burg Simpson Eldredge Hersh & Jardine, was recently featured in the Member Spotlight section of the February edition of the Colorado Lawyer.  Mr. Sandgrund is a well-known trial lawyer and Colorado’s most prolific author of articles and… Read more »

 February 13, 2019

Biker Swallowed By Sinkhole

Burg Simpson Attorneys Win Second Appeal to Protect $7.3 Million Verdict On September 3, 2008, Mr. James Nelson suffered severe and life-changing injuries, including a permanent brain injury, when his bicycle was swallowed by a large sinkhole on a bike path located on the property of the United States Air Force Academy in Colorado Springs. … Read more »

Cracked foundation for a house damage claim.

 November 19, 2018

Filing a House Damage Claim – When Your Home Becomes a Disaster Zone

A house damage claim, or construction defects claim, is broadly defined as a deficiency in a building’s design, workmanship, and/or the materials used on a project. Construction defects stem from the failure of a component part of a building or structure that causes damage to a person or property. The consequence of defective construction is usually financial harm… Read more »

 September 26, 2018

Michael Burg of Burg Simpson Working to Assist Those Affected by the Deadly Gas Explosions in Massachusetts

On Tuesday, September 25, 2018, Michael Burg, founding partner of Burg Simpson, spoke with WGBH news about the Massachusetts gas explosions that occurred earlier this month. On September 13th, residents of Andover, North Andover and Lawrence were affected by a series of deadly gas explosions that killed one person and injured 25 others. A state… 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 is 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… Read more »

Bad Faith Insurance – When Your Insurance Claim is Denied or Delayed | Tom W. Henderson

 February 14, 2019

Bad Faith Insurance – When Your Insurance Claim is Denied or Delayed | Tom W. Henderson

When you purchase an insurance policy, it is expected that your insurance company will provide the policy coverage in case of an accident.  Unfortunately, insurance carriers frequently fail to pay the benefits they promised they would, or they fail to pay promptly and in the proper amounts. These actions by the insurance company could be classified… Read more »

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

 February 14, 2019

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

Medical errors are increasing in this country. Medical malpractice typically takes place when a surgeon, hospital, or other health care professional strays from the standard practices of their profession, which then results in the serious harm or death of a patient. While patients place trust and their lives in the hands of these medical professionals, medical… Read more »

Business / Commercial Litigation Trial Attorneys  | Michael S. Burg

 February 14, 2019

Business / Commercial Litigation Trial Attorneys | Michael S. Burg

Business and commercial law are typically lumped together because they go hand-in-hand so often. Most attorneys experienced in one type of law are usually experienced in the other as well.  The business and commercial litigation attorneys at Burg Simpson have the experience in successfully handling a variety of both business and commercial law cases. With… Read more »

We Are The Trial Lawyers | Michael S. Burg

 February 14, 2019

We Are The Trial Lawyers | Michael S. Burg

When selecting a trial attorney, it is important to select an attorney with the experience and resources to handle every aspect of your case.   What defines and differentiates Burg Simpson is we are prepared to fight for our clients. Our highly skilled trial lawyers, know the only way we are going to obtain an excellent… Read more »

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