Construction Defects

Commercial Property Owners – Colorado Construction Defect Lawyers

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.

Burg Simpson Sues Feds over Floodwater Release

 October 17, 2017

Burg Simpson Sues Feds over Floodwater Release

Late one night in September 2013, after days of constant rainfall, the U.S. Bureau of Reclamation opened the floodgates of Olympus Dam in Larimer County, Colorado. More than 5,000 cubic feet of water per second rushed down the Big Thompson River, destroying several homes along the way. Overall, the flooding that year killed 10 people… Read more »

Michael S. Burg’s Hall of Fame Portrait Unveiled

 October 12, 2017

Michael S. Burg’s Hall of Fame Portrait Unveiled

Temple University unveiled Burg Simpson founder Michael S. Burg’s portrait in its Trial Lawyer Hall of Fame earlier this month. Michael attended the ceremony, where he expressed his concern for the future of the profession. “The framers of the Constitution and the Declaration of Independence understood the importance of the jury trial and how important… Read more »

Alan K. Simpson Supports Return to Civil Discourse

 September 28, 2017

Alan K. Simpson Supports Return to Civil Discourse

Over the last several years, the tone of American politics has become increasingly unpleasant, to put it mildly. It’s something Burg Simpson co-founder Alan K. Simpson wants to see change. One thing Simpson would like to see is lawmakers spending more time listening to their constituents. It’s something he made a priority during his own… Read more »

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

 September 27, 2017

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

Burg Simpson founding shareholder Michael S. Burg spoke with Reuters this week about the abrupt retirement of Equifax CEO Richard Smith following the credit reporting agency’s massive data breach. “They didn’t do anything to protect the consumers and their information,” Burg told the news service, “Then they attempted to keep people from being able to… Read more »

Flak Jacket Floor Joist - Denver Construction Defect Attorneys - Burg Simpson

 August 30, 2017

Defective Weyerhaueser Floor Joists Threaten New Homeowners

It might seem hard to believe that something so small can cause so much damage. But that’s exactly what happened when Weyerhaeuser Co., a Seattle-based wood and cellulose fiber manufacturer, changed the formula of its “TJI Joists with Flak Jacket Protection.” In late 2016 the company, which is also one of the world’s largest owners… Read more »

Arbitration over Litigation - Construction Defects Lawyer - Burg Simpson

 July 24, 2017

Colorado Supreme Court Backs Arbitration over Litigation

When the housing market heats up, it’s buyers of new homes who can really get burned – at least when it comes to the quality of their homes. As builders scramble to keep up with Colorado’s hot housing demand, builders’ efforts to save either money or time can lead defective construction. At a time when… Read more »

Construction Defects Reform - Construction Defect Law Firm - Burg Simpson

 June 30, 2017

Manufacturer Pulls Grenfell Tower Building Material

In the early hours of June 14, a faulty Hotpoint refrigerator-freezer sparked a small fire in an apartment on the fourth floor of Grenfell Tower in west London. Within an hour, flames engulfed the 24-story building. Despite the efforts of more than 200 firefighters and 20 ambulance crews, 79 people were confirmed or presumed dead… Read more »

Construction Defects Reform - Denver Construction Defect Attorneys – Burg Simpson

 May 12, 2017

Colorado Lawmakers Wrestle with Construction Defects

Colorado’s had one of the hottest home building markets in the country for several years now. But that rosy picture’s been marred by a single stain: condominiums. Ten years ago, condos made up about 20 percent of all new builds in Colorado. Today, they make up only about 3 percent of new residential construction. Where… 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.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

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