Colorado Construction Defects

Weyerhaeuser Claim – Flak Jacket Floor Joist

Thousands of new homes built since December 2016 may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these new homes.

Weyerhaeuser Company recently announced that their TJI Joists® manufactured after December 1, 2016 with “Flak Jacket”®, a fire protective coating, are off-gassing formaldehyde. The defective Weyerhaeuser floor joists are present in the ceilings of unfinished and finished basements in new homes and homes currently under construction. The Flak Jacket coating contains a formaldehyde-based resin that is emitting formaldehyde and potentially rendering the homes uninhabitable. Weyerhaeuser has recommended that “homeowners in affected homes refrain from using their basements” and that some homeowners “temporarily vacate their homes.”

To determine whether your new home contains the defective Weyerhaeuser Flak Jacket problem, look for the distinctive green coating with the “Flak Jacket” label on the joists in the ceiling of your basement. The production date will also be present on the Flak Jacket coating. If the date on the joists is 12/01/2016 to 07/18/2017, your home has the defective Weyerhaeuser floor joist issue.

Weyerhaeuser Flak Jacket Problem - Burg Simpson

Burg Simpson represents homeowners for claims against Weyerhaeuser, the home builders, and other responsible parties for damages caused by the presence of the defective joists in their homes. Burg Simpson is working with its engineers and certified industrial hygienists to determine the appropriate repairs and seeking all necessary damages for their homeowner clients.

Burg Simpson is also investigating claims of workers injured due to exposure to excessive levels of formaldehyde during construction of the homes with the affected joists causing formaldehyde sickness.

Michael S. Burg Urges State to do More to Outlaw Body Brokers

 July 19, 2018

Michael S. Burg Urges State to do More to Outlaw Body Brokers

Lawmakers finally made a move during this last legislative session to put an end to the “body broker” business in Colorado with the passage of Senate Bill 234. The new law prevents anyone from owning both a funeral home and a “body donation” company while also establishing minimum standards for sanitary maintenance and record keeping…. Read more »

Dave P. Hersh Selected to Supreme Court Task Force

 July 17, 2018

Dave P. Hersh Selected to Supreme Court Task Force

The attorneys at Burg Simpson recognize how important it is to stay involved in the legal community outside of the courtroom. That’s why shareholder David P. Hersh has agreed to serve on the Colorado Supreme Court’s new Lawyer Well-Being Task Force. The task force, chaired by Associate Justice Monica Márquez, is made up of lawyers… Read more »

Colin M. Simpson Earns Martindale-Hubbell Silver Honor

 June 26, 2018

Colin M. Simpson Earns Martindale-Hubbell Silver Honor

For the attorneys at Burg Simpson, few things are as rewarding as making a client happy. That’s why we’re proud to announce that shareholder Colin M. Simpson has earned a Silver Client Review Rating from Martindale-Hubbell. The honor is given to attorneys that maintain a four-star average client review rating – which is the best… Read more »

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 »

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.

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers