Your Builder Failed You. We Make Them Pay.
Colorado's Premier Construction Defect Law Firm
No upfront cost. No financial risk. You only pay us when you recover.
Why Property Owners Choose Hearn & Fleener.
Colorado’s construction defect experts.
Our Mission is Simple.
When a builder cuts corners, your community pays the price. At Hearn & Fleener, we are Colorado's premier construction defect law firm and we have spent over 40 years making sure property owners, homeowner associations, and commercial owners never have to face that fight alone.
We provide Colorado property owners with a comprehensive, no-cost diagnostic suite, including a forensic physical inspection, a full review of construction records and legal documents, a legal risk and benefit analysis, and a detailed written report with our findings and recommendations. Every step of this process is performed at zero out-of-pocket cost or obligation to your association, board, or management company.
$450 Million
Recovered for our clients.
40 Years
Industry experience.
Specialization
Construction defect focused.
Recognition
Peer backed confidence.
Our mission is simple: To arm your leadership with the technical evidence and legal standing needed to protect the biggest investment your community will ever make and to pursue full financial recovery when a builder or developer has failed to deliver on their promises.
How do you know if you have a construction defect?
Most Colorado property owners and HOA boards do not know whether what they are seeing is a construction defect, normal wear and tear, or something in between.
Finding a Defect
Where do I look?
Defects
What to look for at your property.
Recurring Repairs.
If the same area of your building keeps needing repair, the underlying cause is almost certainly a construction defect, not routine wear and tear.
Early Deterioration.
If your building is less than ten years old and something significant is failing, Colorado law provides specific protections that may entitle you to full recovery from the builder.
Budget Keeps Growing.
If your annual maintenance budget keeps increasing to manage the same recurring problems, the root cause is likely a construction defect that legal recovery would permanently resolve.
Multiple Unit Issues.
If multiple units or homes in your community are experiencing the same problem, the cause is almost certainly a systemic construction defect rather than individual maintenance issues.
Failed Inspections.
If your property has failed a recent inspection or an inspector has flagged building components that should still be performing well, those findings may point to underlying construction defects rather than age-related wear.
Rising Insurance Costs.
If your insurance premiums are climbing or your carrier has flagged building concerns, hidden construction defects may be the underlying cause that is putting your coverage and your costs at risk.
Unexpected Leaks.
If water is appearing where it should not be, in a building that is still relatively new, the cause is almost always a construction defect rather than normal wear or weather.
Repeated Complaints.
If residents or tenants keep reporting the same problems across your property, those recurring complaints are often the first visible sign of a systemic construction defect.
That uncertainty is exactly why Hearn & Fleener exists. With over 40 years of exclusive construction defect practice in Colorado, our team has seen every defect type, in every property type, across every region of the state.
If any of these signs sound familiar, the next step is simple and risk free.
You Pay Nothing. Ever. Unless We Win.
The Hearn & Fleener Guarantee
No cost, no obligation consultation.
No Cost Report
How we remove the financial barriers.
Hearn & Fleener's entire four-phase evaluation and claims process is provided to your community at absolutely no upfront cost and no financial risk of any kind. We advance every engineering cost, every expert fee, and every legal expense ourselves.
Free Consultation.
No Cost Inspection.
A hands-on forensic inspection of your property conducted by our team and specialized building envelope experts. We come to you, examine your structures inside and out, and document every defect.
No Cost Report.
After the inspection, we deliver a clear, comprehensive written report with our findings and legal recommendations. No confusing jargon, just the facts your board needs to decide whether to move forward with a claim.
No Risk Representation.
If we do not win, you owe us nothing. No legal fees, no expert costs, no engineering bills. Zero.
From the first inspection to the final report, Hearn & Fleener works hand in hand with expert forensic engineers and our in-house specialists to ensure every detail is documented to the highest possible standard.
You have nothing to lose by reaching out and everything to gain. A free evaluation could be the difference between absorbing the cost of your builder's mistakes and recovering every dollar of it.
Colorado's Most Trusted Construction Defect Attorneys.
Property Owners
Trust Hearn & Fleener
HOAs
Community Associations
Your builder has a legal team. Do you?
Unlike general practice firms that handle construction defects among dozens of other practice areas, this is all we do.
40+
/years of experience
Tier 1 ranked.
Recognized by peers.
100% construction defect focus.
No recovery, no fee.
Proven results for Colorado owners.
What sets Hearn & Fleener apart is not just our track record in the courtroom. It is our leadership in shaping the law itself.
Our attorneys have been instrumental in drafting Colorado construction defect legislation and have testified before the state legislature to protect the rights of homeowners, community associations, commercial property owners, and investors across Colorado. When the law changes, our clients are protected because we helped write it.
This Is Not Just Your Home. It Is Your Life's Biggest Investment. We Protect It.
One Firm. Every Colorado Property Type Represented.
Community Associations
Protecting Covenant Enforced Communities.
Colorado
Find Your Property
Homeowner Associations.
Full site inspection.
In person board presentations.
CDARA notice & claims.
No special assessments.
Statewide HOA representation.
Our primary practice.
No upfront cost to the association.
Representing Colorado homeowner associations is what Hearn & Fleener does best. HOA communities are our largest client base and the area where we have the deepest experience, the strongest track record, and the most significant recoveries.
When your community's financial health and physical integrity are on the line, you deserve the firm that has done this more than any other in Colorado.
Community Associations
Protecting Covenant Enforced Communities.
Your Home.
Hearn & Fleener has recovered hundreds of millions of dollars for Colorado residential property owners across every property type, from individual homeowners to large multi-family communities.
Residential.
Association and individual unit representation.
Your Investment.
We represent Colorado commercial property owners, investors, and developers in construction defect claims across office, retail, mixed-use, and industrial properties at no upfront cost.
Commercial.
Owner & investor representation.
Structural & mechanical claims.
Protecting your investments.
Every property type. Every region of Colorado. One no cost evaluation to find out what your builder owes you.
Our No Cost, Four Phase Process.
Our comprehensive four-phase solution provides a proven roadmap for your community, guiding you with total transparency from the initial investigation through the final restoration of your property.
Phase 1.
Inspect the Property.
Hearn & Fleener's process begins with a representative visiting the property, examining the structures as well as the surrounding areas with the goal of identifying any construction defects or areas of concern present at the site.
Examine the property.
Phase 2.
Evaluate Construction Records.
The second phase involves researching the documents and records regarding the property's construction stored with the government agencies responsible for overseeing and permitting the construction. This provides invaluable information about the developer, general contractor, subcontractors, applicable codes, approved plans, and construction dates, as well as the potential legal obstacles and opportunities associated with the claim.
Review the blueprints.
Phase 3.
Research & Review.
The third phase includes a legal analysis to identify the risks and benefits associated with a potential claim. This assessment includes a thorough review of community association governing documents, sales materials, contracts, and all available legal and recorded documents. We also research developer entity standing, contractor license numbers, any claims against those licenses, and the financial viability of every responsible party, so your board has practical, fact-based information to make an informed decision.
Research the property.
Phase 4.
Final Report & Recommendations.
All findings from the three preceding phases are organized into a comprehensive written report containing our recommendations and analysis. As the final step in the no cost process, Hearn & Fleener presents this report in person to your Board of Directors and management company to facilitate discussion and answer every question your board has. This presentation is the final step before your board makes any decision about whether to pursue a claim.
Our assurance to property owners: This complete four-phase process is performed at absolutely no cost and no obligation to your association, community leadership, or management company. We provide the full assessment so that your board has complete peace of mind whether you choose to move forward with a claim or not.
Comprehensive Report.
From Our Clients
-
![]()
Highly Recommend.
“The Association is and was extremely happy with your efforts and guidance. We highly recommend you to anyone who has property damage as a result of construction defects or from other causes. We honestly do not believe there is a better attorney in the field.”
-
![]()
Impressed.
“Our entire organization was very impressed with your knowledge and experience in the construction industry and in particular, representing owners who have sustained damages from construction defects.”
-
![]()
Knowledgeable.
“Great firm to work with. Very knowledgeable and easy to work with.”
-
![]()
Great Communication.
“Hearn & Fleener has been excellent to work with on a construction defect claim for one of my clients. Great communication and great response time.”
-
![]()
Fantastic.
“I've known Mr. Fleener of Hearn & Fleener for about 8 years now. He's always been professional. His expertise in the area of construction defects is fantastic. I have walked several properties with him just to gain knowledge for myself, and I always learn something new. Whenever construction defects come up, Mr. Fleener is always at the top of my list for someone to consult or hire.”
-
![]()
Highly Referred.
“I’ve worked with Mike Hearn for over 20 years. I’d love to refer him and his firm to any property owner who needs help in the construction defect field.”
Hearn & Fleener
Construction Defect Experts.
Customer Service Done Right.
Don't just take our word for it. Here's what homeowners and board members across the Denver metro area have to say about working with Hearn & Fleener.
But you do not have to take our word for it. Here is what Colorado communities say about working with Hearn & Fleener.
Frequently Asked Questions About Construction Defects.
Hearn & Fleener
Construction Defect Experts.
Need more information, give us a call.
Got questions? We’ve got answers. Here’s what you need to know when working with us.
-
Recurring repairs to the same areas of a building are one of the most reliable indicators of a construction defect.
When a roof keeps leaking at the same location, stucco keeps cracking in the same pattern, or balcony membranes keep failing after repair, the cause is almost always an underlying installation failure that surface patching cannot resolve. Hearn & Fleener's no cost inspection is specifically designed to determine whether what your community is experiencing is a maintenance issue or a recoverable construction defect. We will give you an honest answer either way.
-
Water intrusion in a relatively new building is almost always caused by a construction defect rather than weather alone.
Improper flashing, missing sealants, defective window installations, and waterproofing failures are all recoverable construction defects under Colorado law. Our forensic team uses controlled water testing and infrared thermal imaging to establish exactly where the water is entering and why, creating the technical evidence needed to prove the builder's responsibility. The evaluation costs you nothing and the water damage behind your walls is almost certainly more extensive than what is visible from the interior.
-
In Colorado, "normal settling" is one of the most common things builders say and one of the most commonly incorrect.
Normal settling stabilizes over time. Expansive soil damage caused by a builder's failure to follow geotechnical requirements progressively worsens with every wet and dry season. If your cracks are growing, your floors are becoming more unlevel, or your doors that used to close are now sticking, you are almost certainly not seeing normal settling. Colorado's Front Range sits on some of the most expansive bentonite clay soils in the country and Hearn & Fleener has recovered over $16 million for a single soil-related community claim alone.
-
Yes, immediately. Deck and balcony defects are life-safety risks, not maintenance issues.
Wobbly guardrails, soft or spongy boards, visible gaps between the deck frame and the house, or peeling paint on the ceiling beneath a balcony are all warning signs that structural integrity may already be compromised. Builders frequently omit required hold-down hardware, use incorrect fasteners, or fail to properly waterproof walk decks over living spaces. Both the structural failure risk and the water damage these defects cause are fully recoverable under Colorado construction defect law. Do not wait for the problem to worsen before getting a free evaluation.
-
Repair costs you have already spent may be recoverable and future repair costs absolutely should be the builder's responsibility.
Commercial property owners in Colorado have the same legal rights as residential property owners when it comes to construction defect claims. Recurring failures in roofing, building envelope, mechanical systems, or structural components within the first several years of construction are almost always the result of defective workmanship rather than normal wear.
Hearn & Fleener has represented commercial property owners, mixed-use developments, and office buildings across Colorado. Our no cost evaluation will tell you exactly what your building has, who is responsible, and what a realistic recovery looks like.
-
A builder going out of business does not mean your claim is gone.
Construction defect claims in Colorado can often be pursued against the builder's insurance carriers even after the company has dissolved, and against the subcontractors and design professionals who contributed to the defects and maintain their own active insurance coverage. Hearn & Fleener's Phase 3 legal research process specifically investigates the financial standing and insurance coverage of every responsible party before we recommend pursuing a claim so you have a clear picture of who can actually pay for your repairs before committing to anything.
-
Contact us immediately. Do not try to determine this on your own.
Colorado has two separate filing deadlines. The statute of limitations gives you two years from the date a defect is discovered or reasonably should have been discovered.
The statute of repose sets an absolute outer limit of six years from substantial completion, with a possible extension to eight years in some circumstances. These are among the shortest deadlines in the country and they can begin running earlier than most property owners realize. The only reliable way to know whether your deadline has passed is to speak with a construction defect attorney immediately. Hearn & Fleener's initial consultation is always free, always confidential, and always the right first step.
Think You Have a Construction Defect? Let's Find Out. For Free.
Don't wait. In Colorado, construction defect claims are subject to strict statutes of limitations, and delays can cost your community its right to recover. Contact Hearn & Fleener today to schedule your no-cost inspection, research, and report. There is no fee, no obligation, and no risk.
Just answers.