Protection for all property types.
COLORADO’S TRUSTED
Construction Defect Attorneys
Educating and guiding Colorado property owners, every step.
Why Property Owners Choose Hearn & Fleener.
We're Colorado's construction defect experts and we're here to help you understand what's going on with your property, one clear step at a time.
Our Mission is Simple.
For more than 40 years, we've helped Colorado homeowners, HOA communities, and commercial owners answer one simple question. Is this a construction defect, or something else? If you're not sure, that's exactly what we're here for. At no cost and with no obligation, we'll look at your property, review the original paperwork, and give you a clear written report of what we found and what we'd suggest, whether or not you decide to take the next step.
$450 Million
Recovered for our clients.
40 Years
Industry experience.
Specialization
Construction defect focused.
Recognition
Recognized by other attorneys.
How Do You Know if You Have a Construction Defect?
What to Look For.
Most property owners can't tell whether what they're seeing is a construction defect, normal wear and tear, or something in between. That's completely normal and it's exactly what we help you figure out.
Recurring Repairs.
When one area keeps having the same problem, a roof that keeps leaking, a wall that keeps cracking, patching the surface may not be fixing the real cause underneath.
Early Deterioration.
If parts of your home wear out sooner than they should, it can be a sign the materials or the workmanship weren't up to standard. We can help find out why.
Finding a Defect
Where do I look?
Budget Keeps Growing.
If you're paying more and more to fix the same issues over and over, a hidden building defect may be the reason. We work with experts who can find the true cause.
Same Issue in Several Homes.
When several homes or units have the same issue, the cause can often be something that went wrong during construction, not bad luck in one home.
Failed Inspections.
If an inspector flags parts of your building that should still be in good shape, the cause may be a construction defect rather than normal age.
Rising Insurance Costs.
If your premiums are climbing or your carrier has raised concerns about the building, hidden construction defects may be a contributing cause worth investigating.
Unexpected Leaks.
Water leaking into a newer building can often be a sign of a construction problem, not just bad weather. We can help find where it's coming from and why.
Repeated Complaints.
If residents keep mentioning the same problems, those complaints can be the first sign of a bigger, underlying issue.
After 40 years working with every kind of property across Colorado, we can tell you whether what you're seeing is normal wear, something to keep an eye on, or a real defect worth acting on. The next step is easy, and it costs you nothing. Just give us a call.
If any of these signs sound familiar, the next step is simple and risk free.
What Does It Cost You? Nothing Unless We Win.
The Hearn & Fleener Guarantee
No cost, no obligation consultation.
How we remove the financial barriers.
Our entire four-step process, from the first visit to the final report and any claim that follows, is provided at no upfront cost and no financial risk to you. We pay for every inspection, every expert, and every legal expense ourselves.
Free Consultation.
A Free Inspection
Our team and building experts come to you and take a careful look at your property, inside and out. We document anything we find, and you don't have to prepare a thing.
A Free Written Report
After the inspection, we give you a clear written report with what we found and what we'd recommend. No confusing legal language, just the facts you need to decide what to do next.
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 visit to the final report, we work side by side with expert engineers and our own in-house specialists, so every detail is documented carefully and accurately.
There's truly no downside to reaching out. At worst, you get an expert's honest read on your property for free. At best, you find out your builder is responsible for repairs you thought you'd have to pay yourself. Either way, you'll know where you stand.
Colorado's Most Trusted Construction Defect Attorneys.
Why We’re Trusted.
Construction Defects Are All We Do.
Unlike general firms that handle defects alongside dozens of other things, this is our only focus, and it's been our focus for 40 years.
Property Owners
Trust Hearn & Fleener
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 us apart isn't only our track record in the courtroom, it's the part we've played in the law itself.
Our attorneys have helped shape Colorado's construction defect laws and have spoken before the state legislature to protect the rights of homeowners, HOA communities, and property owners across Colorado. Because we've helped shape these laws, we understand them inside and out, and we use that knowledge to look out for you.
This Is Not Just Your Home. It Is Your Life's Biggest Investment. We Protect It.
Protection for all property types.
We Work With Every Kind of Property in Colorado.
Property Types.
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.
Who We Serve
Protecting all Colorado Properties.
Homeowner Associations.
A full inspection of your community.
In-person presentation to your board.
We handle all required legal notices & claims.
HOA representation anywhere in Colorado.
No special assessments to your homeowners.
Residential.
Association and individual unit representation.
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.
Commercial.
Owner & investor representation.
Structural & mechanical claims.
Protecting your investments.
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.
Every property type. Every region of Colorado. One no cost evaluation to find out what your builder owes you.
Our No Cost, Four-Step Process.
Wondering what happens after you call? Here's exactly what to expect. We walk you through it one step at a time, and there's no cost and no obligation at any point along the way.
The Process.
Step 1.
We Come Look at Your Property.
It starts with a visit. One of our team members comes to you and takes a careful look at your property, inside and out, including the areas around the building. We're looking for anything that stands out. Signs of a construction problem, or spots worth a closer look. You don't need to prepare anything or know what to point out. That's our job.
Examine the property.
Step 2.
We Pull the Original Building Records.
Next, we track down the paperwork from when your property was built. The permits, approved plans, and inspection records kept on file with the city or county. These records tell us a lot: who built the property, who they hired to do the work, what the plans were supposed to include, and when it was all done. This is often where the first real answers start to come together.
Review the blueprints.
Step 3.
We Look Into Your Options.
Now we put the pieces together. We review the documents that apply to your property. Things like your contracts, sales paperwork, and, for communities, your association's governing documents. We also check whether the builder and everyone involved are still in business, still licensed, and actually able to pay for repairs.
This last part matters: before you decide anything, you'll know not just whether you have a case, but whether pursuing one makes practical sense for you.
Research the property.
Step 4.
We Give You a Clear Written Report.
Finally, we put everything we found into one straightforward written report, along with our honest recommendation. There's no confusing legal language, just a plain explanation of what's going on with your property and what we'd suggest doing about it. If you're a community or association, we'll come present it in person to your board and management company and answer every question in the room.
Either way, this report is yours, and the next move is entirely your decision.
Comprehensive Report.
Hearn & Fleener
Construction Defect Experts.
Customer Service Done Right.
Great results matter, but so does how you're treated along the way, and we take both seriously.
You don't have to take our word for it. Here's what homeowners and HOA boards across Colorado say about working with Hearn & Fleener.
From Our Clients
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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.”
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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.”
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Knowledgeable.
“Great firm to work with. Very knowledgeable and easy to work with.”
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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.”
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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.”
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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.”
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.
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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.
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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.
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It is normal for foundations to settle & stabilize over time. Damage from Colorado's expansive soils, soil that swells when it's wet and shrinks when it dries, keeps getting worse season after season, and it often traces back to a builder not following the soil requirements for the site.
If your cracks are growing, your floors are getting more uneven, or doors that used to close now stick, it's probably not normal settling. Much of Colorado's Front Range sits on some of the most expansive soil in the country, and we once recovered more than $16 million for a single soil-related community.
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Yes. This is worth checking right away, because a wobbly deck or balcony can be a genuine safety issue, not just a maintenance one. Warning signs include railings that move, boards that feel soft or spongy, gaps where the deck meets the house, or peeling paint on the ceiling underneath. It's best not to wait for it to get worse. A free evaluation will tell you where things stand.
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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.
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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.
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This is worth checking soon, and it's not something to try to work out on your own. Colorado has two different deadlines for these claims, and they can start sooner than most owners expect, so the safest step is a quick, free conversation. We'll help you understand where your deadlines stand. Our first consultation is always free, always confidential, and always a good place to start.
Think You Have a Construction Defect? Let's Find Out. For Free.
You don't need to be certain, and you don't need to know anything about building codes. If something about your property has you wondering, that's reason enough to give Hearn & Fleener a call.