Commercial Properties.
Construction Defects Are Bad for Business. Colorado's Commercial Property Defect Attorneys Are Here to Help.
For commercial property owners and investors in Colorado, a construction defect is never just a physical problem. It is a financial one. Defects in office buildings, retail centers, mixed-use developments, and other commercial properties drive up maintenance costs, trigger tenant complaints, create lease disputes, and generate unbudgeted repair expenses that directly affect your bottom line and your asset's long-term value.
At Hearn & Fleener, we represent Colorado commercial property owners across every asset class, from small office parks and neighborhood retail centers to large mixed-use developments and institutional investment properties. We understand the commercial realities of property ownership, and we build our legal strategy around achieving maximum recovery with minimum disruption to your operations and your tenant relationships.
We work on a contingency fee basis, advancing all engineering, expert, and legal costs ourselves. You pay nothing upfront and only pay us when you recover.
COMMERCIAL PROPERTY DEFECT EXPERTS
Colorado’s Premier Attorneys for Commercial Property Construction Defects.
Construction defects in a commercial property are not just a building problem. They are a business problem. We help Colorado commercial property owners recover what they are owed.
Challenges.
Commercial property construction defect claims carry unique procedural requirements, different standards of care, and more complex ownership and liability structures than residential claims. From office parks and retail centers to mixed-use towers and institutional buildings, we understand the specific legal and technical demands of every commercial property type we represent.
Defects.
Commercial structures utilize specialized materials, building systems, and construction methods that require expert-level forensic investigation to properly evaluate. Our network of commercial building engineers, facade consultants, and mechanical systems experts gives us the technical foundation to identify and document every defect in your property.
Financial.
Construction defects in a commercial property generate losses that go far beyond repair costs. Business interruptions, lost rental income, tenant vacancies, and diminution in property value are all recoverable damages under Colorado law. Hearn & Fleener builds every commercial claim around recovering the full financial impact of the builder's failures, not just the cost of physical repairs.
Leases.
Construction defects that affect tenant spaces create immediate lease disputes, vacancy risk, and long-term reputational damage for commercial property owners. When defects drive tenants out or prevent new leases from being signed, the financial impact compounds every month the building goes unrepaired. We pursue recovery for every category of loss your property has suffered.
Protecting the Financial Interests of Colorado Commercial Property Owners
When Your Investment Is Underperforming, Every Day Matters.
Construction defects in a commercial property raise immediate questions for every owner and investor. Who is responsible? What will repairs cost? How will remediation affect your tenants and your occupancy rates? At Hearn & Fleener, we have answered those questions for Colorado commercial property owners across every asset class for over 40 years.
We discover the full scope of the defects through a comprehensive forensic investigation of your property's building systems, envelope, and site infrastructure. We communicate our findings clearly to you, your property management team, and your investors so every stakeholder understands the financial and legal path forward. When it is time to hold the builder accountable, we litigate aggressively on your behalf, pursuing every responsible party from the primary developer to the smallest subcontractor.
Your tenants depend on a building that performs. Your investors depend on an asset that delivers returns. Hearn & Fleener is here to make sure both of those things happen.
Your Free, Four-Phase Evaluation Process for Colorado Commercial Property Owners
Every phase of our evaluation process, from the first forensic site visit to the final written report, is provided at absolutely no cost and no obligation to you. Here is exactly what that looks like for commercial property clients:
Research & Risk Analysis.
Our attorneys review your construction contract, developer warranties, tenant leases, and all relevant project documentation. We research the financial standing of your builder and every responsible subcontractor, identify your statute of limitations deadlines, and assess the full scope of recoverable damages including repair costs, lost rental income, tenant vacancy losses, and diminution in property value.
Free On-Site Inspection.
Our team inspects your commercial property's building envelope, roofing systems, structural elements, mechanical infrastructure, parking structures, and all tenant spaces affected by construction failures. We bring specialized building envelope consultants, structural engineers, and mechanical systems experts as needed. Every defect across every affected area is documented in detail at our expense.
Construction Records Research.
We pull your property's complete construction history including building permits, approved plans, inspection reports, and all government filings. This research identifies every trade contractor responsible for your building's systems, establishes the construction standards your property was supposed to be built to, and uncovers any inspection failures or plan deviations that occurred during construction.
Written Report & Presentation.
We compile our findings into a written report and present them directly to you and your property management or investment team. Our commercial owner consultations focus on the financial implications of the defects identified, the realistic recovery timeline, and the impact of pursuing a claim on your property's operations and tenant relationships.
Common Defects.
Commercial Properties & Mixed-Use Properties.
Colorado's commercial construction market spans an enormous range of property types, from suburban office parks and neighborhood retail strips to downtown mixed-use towers and large format retail centers. What they all have in common is this: when a builder cuts corners on a commercial property, the defects that emerge create financial consequences that extend far beyond the cost of physical repairs.
If your commercial property is experiencing any of the following, you may have a valid Colorado construction defect claim:
Defect Types.
1
Concrete
2
Systems
3
HVAC
4
Parking
Roofing Systems.
Improperly installed membranes and drainage systems on flat and low-slope commercial roofs are among the most common and most costly defects we encounter in Colorado commercial properties. When a commercial roof fails, the consequences extend beyond the roof itself, causing water intrusion into tenant spaces, damage to interior finishes and equipment, and in the worst cases, structural deterioration that affects the entire building.
Concrete Failure.
Deterioration in subterranean parking structures, post-tension slab failures, and heaving in concrete flatwork are frequent defect categories in Colorado commercial construction. Post-tension slab failures in particular can compromise the structural integrity of entire floors in multi-story commercial buildings, and concrete deterioration in parking structures creates both safety risks and substantial repair costs for property owners.
Parking.
Substandard subgrade preparation is a leading cause of premature cracking, settling, and drainage failures in high-traffic commercial parking lots and drive aisles. In Colorado, expansive soils compound these problems significantly, accelerating the deterioration of parking surfaces that were not properly engineered for the soil conditions beneath them. These failures affect every tenant and visitor to your property and create ongoing maintenance costs that compound every season.
HVAC.
Faulty installation of commercial heating, cooling, and plumbing systems disrupts business operations, drives up utility costs, and generates persistent tenant complaints that threaten lease renewals. In commercial properties where HVAC systems serve multiple tenant spaces simultaneously, a single installation defect can affect an entire building's climate control and create liability exposure for the property owner when tenants experience business interruptions as a result.
Exterior Systems.
Cracking stucco, failed window flashings, and improperly installed exterior cladding systems allow water to infiltrate retail and office spaces, damaging interior finishes, flooring, and tenant improvements. In Colorado's climate, exterior water intrusion in commercial buildings cycles through repeated freeze-thaw events that accelerate the deterioration of both the cladding system and the underlying wall assembly, turning a manageable repair into a building-wide remediation project.
Elevators.
In commercial and mixed-use buildings, elevator failures caused by improper initial installation or substandard electrical components create immediate operational disruptions for tenants and visitors. When elevators fail ahead of their expected service life due to a builder's use of inadequate components or improper installation practices, the replacement and repair costs are substantial and are fully recoverable under Colorado construction defect law.
Successful Case Results.
The following are real results Hearn & Fleener has achieved for Colorado commercial property owners. Each case involved a different property type, different defects, and a different set of responsible parties, but the same outcome.
Full financial recovery for property owners who were failed by the builders and contractors who constructed their buildings. In every case, our clients paid nothing upfront.
The Hearn & Fleener Advantage: Proven Results for our Clients
Colorado Religious Institution.
Hearn & Fleener was retained by a Colorado religious institution to represent them in an ongoing construction defect claim against its construction manager and various contractors. Litigation had already been running for approximately four years before our firm was brought in. Within one year, our team re-examined every issue, developed new repair methodologies, and negotiated a global settlement agreement with fifty separate parties.
The settlement combined direct cash contributions with repairs performed by the defense parties, with an overall settlement value estimated at $6.5 million. This case is a direct demonstration of our ability to step into complex, stalled commercial litigation and deliver results that previous counsel could not.
Colorado Mixed-Use Commercial Development.
Hearn & Fleener represented the ownership group of a Colorado mixed-use commercial development experiencing widespread construction failures across the building's retail, office, and common area spaces. Defects included flat roof failures over retail tenant spaces, failing concrete and asphalt flatwork throughout the development's parking and common areas, and structural concerns in the subterranean parking garage that threatened the safety of the entire structure.
When the developer's settlement offers fell far short of the actual repair costs, Hearn & Fleener pursued the case aggressively and secured a result that fully funded the comprehensive remediation the property required.
Colorado Commercial Property Defects Are Costing You Money. Let Us Help You Get It Back.
Construction defects in a commercial property affect your tenants, your cash flow, and the long-term value of your investment. Colorado's filing deadlines are strict and every month of delay means compounding damage and narrowing legal options.
Contact Hearn & Fleener today for a free confidential inspection and written report. No upfront costs, no obligation, and no disruption to your operations.
You only pay us when you recover.