Construction Defect Attorneys.

Defending Summit County’s high altitude properties.


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Protecting the architectural integrity and long-term equity of Summit County’s premier neighborhoods through specialized forensic engineering and zero-risk legal accountability.

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The Hearn & Fleener "No-Cost" Inspection & Report.

The greatest barrier for a Breckenridge board or homeowner is the high cost of forensic discovery. Proving a defect in an alpine environment requires specialized engineering that can cost tens of thousands of dollars. We eliminate that barrier completely by assuming 100% of the upfront cost and risk.

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The No-Cost Inspection.


We deploy a specialized team of structural and building envelope inspectors to perform an intensive physical diagnostic of your property. This audit identifies latent alpine defects, such as thermal breaches or structural instability, at no cost to the association, ensuring you have the scientific proof of a defect before moving forward.

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No-Cost Litigation Report.


Following the audit, we provide a definitive forensic report that translates complex failures into a clear financial roadmap. This report includes professional repair valuations and is the essential tool for providing the transparency needed to achieve the 2026-mandated 65% owner approval vote.

Hearn & Fleener eliminates the guesswork and financial anxiety of property restoration. We utilize a structured path designed to provide boards with absolute technical clarity. From the luxury ski-in/ski-out estates of Peak 8 to the sprawling townhome communities in Blue River and The Highlands, Breckenridge properties require a level of engineering precision that many developers overlook in the rush to meet market demand. When a builder fails to account for Summit County’s specific alpine loads and volatile geology, your mountain legacy is the one paying the price.

The Breckenridge Recovery Process: Our Systematic Four-Phase Protocol

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Onsite Evaluation.


We perform an intensive physical diagnostic of your property to identify latent markers of distress, from thermal bypasses in luxury glazing to hidden wood rot caused by improper "cold roof" ventilation.

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Regulatory Review.


We audit original Summit County permits and geotechnical surveys to pinpoint where the builder deviated from mandated 2026 alpine codes, establishing a definitive paper trail of builder negligence.

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Risk Analysis.


We scrutinize the developer’s corporate insurance layers and your association’s governing documents to verify a viable path to recovery before you ever commit to a formal legal claim.

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Final Report.


We deliver a definitive Litigation Determination Report in person or via digital town hall. This dossier provides the professional repair valuations and evidence needed to achieve the 2026-mandated 65% owner approval.

Premier Advocacy for Breckenridge HOAs.

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Why Breckridge Boards choose Hearn & Fleener for their Construction Defect needs.

In a market dominated by second homes and high-stakes investments, an HOA board needs more than a generalist firm; you need a partner with the institutional weight to force builder accountability.

  • Our track record is your community’s greatest asset. With nearly half a billion dollars recovered and four of our attorneys recognized in the 2026 Edition of The Best Lawyers in America®, we possess the clout necessary to level the playing field against massive developer insurance teams.

  • Proving a defect in Breckenridge, analyzing snow-load deflection or frost-heave foundation movement, can cost upwards of $100,000. We advance 100% of these investigative costs. Your association fulfills its fiduciary duty to investigate the property without spending a single dollar of homeowner reserves, keeping your monthly dues stable and your emergency funds intact.

  • Our job isn’t done when the settlement check arrives. We help the Board vet qualified remediation contractors and review repair scopes, ensuring that the recovered funds are used to fix the root cause of the defect, not just the symptoms, so your property’s value is fully restored.

Specialized Representation for the Unique Landscape of the Mountains.

Whether your property is a high-density residential association, a private luxury estate, or a sprawling commercial investment, Hearn & Fleener provides the surgical forensic expertise and institutional clout required to hold builders accountable and protect the structural integrity of any asset in the Summit County market.

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Providing solutions to your property, no matter the type.

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Resort Condominiums.


We navigate the intricate insurance layers and complex "Wrap" policies of Breckenridge’s high-density assets, focusing on building envelope integrity and shared-wall life-safety compliance to preserve your community's high-value rental viability.

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Custom Estates.


Our team holds custom builders and specialized contractors accountable for failures in high-altitude engineering, slope stability, and the improper application of premium mountain materials.

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Local knowledge of Summit County’s building guidelines and laws.

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Commercial.


We protect the financial health of professional and retail spaces by securing the capital needed for the remediation of flat-roof drainage failures, pavement decay, and systemic mechanical defects that threaten business continuity.

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Apartments.


For institutional investors, we prioritize the preservation of Net Operating Income (NOI) by aggressively pursuing claims for systemic envelope decay and structural failures that impact tenant occupancy and asset capitalization.

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Colorado’s Top Attorney’s

Why Hearn & Fleener is Summit County’s #1 Construction Defect Firm.

Local Knowledge and Dedication.


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Common Issues: Breckenridge’s Typical Construction Defects

In the high altitude environment of Summit County, structural integrity is a constant battle against physics and the elements. Breckenridge’s unique status as a high-demand resort destination often leads to "fast-build" cycles, where developers rush to complete luxury projects between ski seasons. When this rapid production meets extreme alpine conditions, 300+ inches of annual snowfall, intense UV radiation, and volatile mountain geology, the result is often a legacy of systemic failures. These aren't just cosmetic "settling" issues, they are technical breaches in the building's core engineering that require a forensic approach to identify and a strategic legal hand to resolve.

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Snow-Load Deflection.

The Defect: Breckenridge roofs are designed to carry massive static and dynamic weight. However, when builders skip structural blocking or use under-specified trusses to save time or costs, the roof begins to "deflect." This leads to visible interior ceiling cracks, sticking doors, and compromised structural headers that can eventually threaten the entire building's safety.

The Strategy: Our structural engineers calculate the "as-built" load capacity versus the mandated 2026 alpine codes. By documenting these deviations, we prove the structure is under-engineered, triggering a builder-funded reinforcement plan that secures the property's long-term integrity.

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Ice Damming.

The Defect: Inadequate attic ventilation and "thermal bypasses" (heat leaks) cause snow to melt and refreeze at the eaves, forming massive ice dams. These dams force water under the roofing material and into the wall cavities, leading to invisible mold growth and structural wood rot behind expensive stone or siding.

The Strategy: We utilize high-resolution infrared thermography during the winter months to "see" the heat escaping your building. This scientific proof allows us to hold builders to 2026 moisture and energy codes, securing a total "cold roof" system replacement rather than a temporary patch.

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Flashing Failures.

The Defect: Breckenridge’s extreme freeze-thaw cycles exploit even the smallest shortcut in a building’s vapor barrier. Improper flashing around custom windows and natural stone veneer leads to systemic decay that is often masked by luxury finishes until the damage is structural.

The Strategy: We employ non-destructive borescope inspections and forensic moisture mapping to expose hidden decay. We hold builders to the highest luxury standards, ensuring your settlement covers a premium, like-kind restoration that respects the high-end nature of your asset.

Why Hearn & Fleener is the Choice: Colorado’s Expert Construction Defect Attorneys

In Breckenridge, a volunteer Board of Directors shouldn't have to choose between financial stability and structural integrity. Hearn & Fleener serves as your community’s Technical Risk-Management Partner, providing the institutional weight and forensic infrastructure required to transform a failing high-altitude asset into a fully funded restoration project without any upfront risk to your homeowners.

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  • Generic firms often lack a deep understanding of Summit County’s specific "cold roof" requirements and thermal bridging standards. We don’t guess; we deconstruct. Our team speaks the language of mountain architects and engineers to ensure your recovery covers a "like-kind" premium restoration that respects the high-end nature of your Breckenridge asset.

  • National merchant builders employ massive legal machines designed to stall and minimize claims. With nearly half a billion dollars recovered and a team of attorneys recognized in the 2026 Edition of The Best Lawyers in America®, we provide the institutional weight to level the playing field, ensuring your community has the same legal "firepower" as the billion-dollar developers we challenge.

  • A settlement based on yesterday's pricing will not cover current construction costs in the mountains. We utilize current Consumer Price Index (CPI) and construction material indexing to ensure your damage claim accounts for the massive 34%+ surge in high-altitude labor and material costs, preventing the Board from being left with a "half-funded" repair project.

  • Serving on a Board in an elite resort community comes with significant social and legal pressure. We provide the "Forensic Report" and objective engineering data necessary to justify every board decision, creating a permanent paper trail of due diligence that protects individual Directors from personal liability claims or backlash from skeptical homeowners.

Frequently Asked Questions.

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  • Chronic damming that leads to interior leaks is almost always a sign of ventilation negligence or thermal bridging, and we utilize high-resolution infrared thermography to document these code violations and secure a developer-funded "cold roof" replacement rather than a temporary patch.

  • In Breckenridge, "settling" is a common excuse for under-engineered framing, which is why our structural engineers calculate the "as-built" load capacity to prove the roof system is literally bending under alpine snow loads, triggering a mandatory builder-funded reinforcement plan.

  • Hearn & Fleener acts as a Total Capital Shield by advancing 100% of the investigative costs, including soil borings and drone surveys, allowing the Board or owners to fulfill its fiduciary duty without spending a single dollar of the association’s reserve funds or requiring a special assessment.

  • It is the unresolved defect that threatens liquidity, which is why we provide a Funded Restoration Roadmap to give banks and buyers the scientific proof that a permanent, builder-funded solution is in place to preserve the marketability of your asset.

  • Builders often prefer "band-aid" fixes using the same sub-contractors who caused the issue, which is why we advocate for Cash-Out Settlements that provide the capital for you to hire independent, mountain-specialized contractors who are answerable only to the Board.

  • We utilize Phased Litigation Strategies to address systemic failures in early buildings while simultaneously protecting the rights of owners in future phases, ensuring the developer doesn't "exit" the project before the entire community's structural integrity is verified and funded.

Curious about what Hearn & Fleener can do for you?

Schedule your no-cost Breckenridge or Summit County property inspection and receive a comprehensive defect report.