Colorado Construction Defects Attorneys

How to Choose a Construction Defect Lawyer

Become an Educated Consumer
You must become an educated consumer before choosing a lawyer. Do not accept, without confirmation, a lawyer’s self-serving description of what he or she has done in the past. Be careful of exaggerated suggestions of what you might be able to obtain through suit.

A Lawyer Shouldn’t Rush You Into a Lawsuit
Absent exceptional circumstances, such as the possible running of a statute of limitations or other deadline, no lawyer should rush you to the courthouse steps and into a lawsuit. If you have not tried to work things out with your builder-developer, your lawyer should nearly always recommend that you, sometimes with the lawyer’s assistance, try to work things out informally. If possible, and if it will not prejudice your legal rights, give the builder-developer the chance to do the right thing before you get involved in expensive, lengthy, and emotionally draining litigation. (Because the law now requires homeowners and builders to engage in a mandatory “Notice of Claim” process before a construction defect suit is filed, you may, unfortunately, need to consult with an attorney regarding compliance with these laws.)

If your home problems are serious and may lead to a lawsuit if not properly addressed by those responsible, our firm can help guide homeowners and homeowner associations through the Notice of Claim process, sometimes for a reduced or no charge.

Hands-On Experience
The lawyer should be experienced in dealing with the kinds of problems you face. You should find out the names of cases that your attorney has actually tried to a jury in Colorado, either individually or as part of a trial team, and who he or she represented in those lawsuits. Many people assume that simply because a lawyer says he or she is a “trial” attorney that the lawyer has lots of trial experience.

Realistic Expectations
Be careful of lawyers who brag about the “exceptional” settlements they have obtained, and find out how many of these settlements occurred in Colorado. Most consumers are not given enough facts or do not have the experience to judge whether a particular dollar-amount settlement was a good or bad result even when the settlement is in the hundreds of thousands or millions of dollars. Sometimes a lawyer may tout a large judgment he or she obtained, and even issue self-serving “press releases” about it, but not tell you that the judgment remains mostly unpaid because of the lawyer’s failure to properly investigate the availability of insurance coverage or the defendants’ financial capabilities. No one wants to become involved in a drawn-out lawsuit, go to trial, obtain a judgment, and end up holding an “empty bag,” unable to repair serious construction problems because there is no insurance money or assets to pay off the judgment.

Unfortunately, sometimes a homeowner or homeowner association’s time and money is better spent trying to fix what they can afford to fix rather than chasing an uninsured or “empty shell” defendant through the legal system: Your lawyer should have the courage to tell you this rather than recommend a lawsuit that is more likely to benefit the lawyer than the client.

References

A lawyer should be willing and able to provide you with references. Some lawyers ingratiate themselves with certain associations or trade organizations (such as consumer groups or property management associations) by making substantial monetary contributions to those groups. References by such organizations may be a useful tool, but they should not be your only tool. Another good source for references is a local attorney who has worked against the lawyer you are considering hiring, as well as the lawyer’s former clients. If your homeowner association lawyer makes a referral, find out if they have any current, or have been promised any sort of, “fee-sharing” arrangement with the law firm to whom they have referred you. Such “fee-sharing” arrangements can create conflicts of interest that need to be explored.

Insurance Knowledge
Because many construction defect cases involve complex insurance coverage issues, it is necessary that your attorney have an excellent understanding of these issues. Previous experience suing insurance companies, familiarity with the insurance industry and its practices, and knowledge of the hyper-technical provisions of insurance policies are needed for a lawyer to competently represent homeowners and homeowner associations in construction defect litigation. Does the law firm you are interviewing have lawyers whose practice focuses on insurance issues? Do those lawyers have demonstrated expertise in insurance and construction defects law, as reflected in their writing articles and books for, and giving speeches or teaching continuing legal education classes to, fellow lawyers?

Interview More Than One Lawyer
You should interview more than one lawyer no matter how impressed you may be with the first lawyer you meet or their website, or how highly recommended that lawyer may be. You should discuss what is expected of you as a client, how expensive, stressful, and time-consuming any proposed litigation may be, and what fee arrangements are available. Lawyers who suggest that you not interview other lawyers, or who say that if you do so they will not provide you legal services, who or falsely suggest they may be “booked up” by the time you make your decision are suspect and may be violating Colorado’s ethics rules in making these statements.

“Plan B” Settlement Experience
Homeowner associations and individual homeowners should try to work out problems with builders and developers. The lawyer you hire should be experienced with what is sometimes referred to as “Plan B” settlements, which typically involve roundtable meetings of construction professionals in an effort to develop a reasonable repair plan to be funded by those responsible for creating the construction problems. Your lawyers should demonstrate sufficient construction knowledge so that, in close consultation with your construction advisers, they can try to help ensure that the “Plan B” process is not misused to make “band-aid” repairs that may come back to haunt the owners years later.

Accessibility
Most construction defect cases are fairly complex, and often require a team of legal professionals and independent experts to supply the necessary legal and litigation support services. It may be unreasonable to expect any single law firm attorney to be involved in or be familiar with every detail of a complicated case. Often the trial of the lawsuit itself is a team effort. Because different courts sometimes schedule separate lawsuits being handled by the same law firm at the same time, and an attorney cannot be in two places at once, there can be no guarantee that the lawyer you were expecting to try your case will definitely do so. You should satisfy yourself that, if the attorney who you are anticipating trying your case is unable to do so, you have confidence in other law firm attorneys to do so.

Your phone calls and questions should be answered within a reasonable time, and you should be able to discuss your case and concerns directly with the lead responsible attorney or attorneys without undue delay.

Suit Cost Advances
While lawyers are allowed to advance litigation costs on behalf of clients, and our law firm frequently does this, any lawyer who takes your case and tells you that you are under no legal obligation to repay those costs to his or her firm may be violating Colorado’s ethics rules. Colorado’s ethics rules allow law firms to elect to receive repayment of costs contingent on the outcome of the lawsuit only from the proceeds of a lawsuit without the client having to personally reimburse those costs out of the client’s pocket.

Check with the firm’s former clients: Was the firm willing to make the necessary investment to properly prepare the case for effective settlement discussions and a powerful trial presentation, or did it attempt to work the case up “on the cheap”? Most medium to large multifamily cases require many hundreds of thousands of dollars in expert witness investigation, testing and report writing expenses, as well as the expense of deposing the other sides’ experts and other important witnesses.

Alternate Fee Arrangements
Explore alternate fee arrangements with your attorney and choose the one that best fits your needs. Some law firms who work on a contingency fee basis may also be available to work on an hourly rate or fixed-fee basis. However, no law firm is obligated to provide legal services on any case with which it chooses not to become involved for whatever reason.

Be Comfortable With and Confident in Your Lawyer and Law Firm
In the end, you should satisfy yourself that your lawyer is smart, experienced, understanding, respected in the profession, and ethical-and that you are comfortable putting your trust in that person’s and the law firm’s hands.

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2019 Edition of The Best Lawyers in America©

 August 15, 2018

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2019 Edition of The Best Lawyers in America©

  Twenty-Five Attorneys Were Listed in The Best Lawyers in America ® 2019 Ronald M. Sandgrund Listed as 2019 Best Lawyers “Lawyer of the Year” In His Practice Area and Region August 15, 2018 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce… Read more »

Stephen J. Burg and David J. Crough Secure Win for Truck Accident Client

 August 2, 2018

Stephen J. Burg and David J. Crough Secure Win for Truck Accident Client

Even the simplest of truck accidents can have life-changing consequences. That’s why it’s critical for trucking accident victims to have someone to fight for their rights. That’s what Burg Simpson shareholder Stephen J. Burg did for David Jimenez-Santana when he secured a $146,000 jury verdict for his client on June 8 in David Jimenez-Santana v…. Read more »

Stephen J. Burg and David J. Crough Secure Win for Motorcycle Accident Victim

 July 31, 2018

Stephen J. Burg and David J. Crough Secure Win for Motorcycle Accident Victim

Burg Simpson shareholder Stephen J. Burg secured another huge victory for a client. A Colorado jury returned one of the largest verdicts ever for this type of injury. $1.3 million verdict in Moon v. Gooden, a motorcycle accident case. The final award, however, will exceed $1.6 million once expenses and interest are included. In August… Read more »

Cody Attorney, Colin Simpson to Lead WTLA Through 2018

 July 30, 2018

Cody Attorney, Colin Simpson to Lead WTLA Through 2018

WYOMING TRIAL LAWYERS ASSOCIATION INDUCTS NEW PRESIDENT AND OFFICERS (Cheyenne, WY) The Wyoming Trial Lawyers Association (WTLA) announced that Cody attorney Colin Simpson will serve as the association’s President for 2018-2019. Simpson was elected to succeed Immediate Past President Todd Ingram, from Casper, during the WTLA annual convention held recently in Cody. Simpson has been… 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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