We Help Colorado Commercial Owners Turn Construction Defects Into Recovery.
Understanding.
Protecting commercial property owners and investors is central to what we do. For over 40 years, we’ve been Colorado’s most trusted construction defect firm for office buildings, retail centers, mixed-use developments, and the businesses that depend on them, recovering over $450 million for more than 250 Colorado communities and owners, enough to fund lasting repairs at no upfront cost to the owner.
Enough to fund lasting repairs without a single dollar of upfront cost to the owner.
Finding a Defect
Where do I look?
Our Recovery Process.
Commercial defects reach far beyond the building itself. A bad roof over a retail center disrupts every tenant beneath it. A failing envelope in an office tower threatens leases, tenant retention, and the income stream. And unlike residential claims, commercial cases often involve complex contracts, sophisticated defendants, and business-interruption losses that have to be documented and recovered alongside the repairs. For a commercial owner, a defect threatens the whole business case behind the property and we investigate, litigate, and recover with that at the center of our strategy.
Full-scope recovery that restores financial performance.
Business aware strategy to minimize tenant disruptions.
Contract & lease analysis to protect your obligations.
Sophisticated litigation against developers & contractors.
Full property investigation.
A solid foundation makes for a solid building.
Colorado’s Premier Construction Defect Attorneys for Commercial Properties.
Why Choose Us?
Finding a Defect
Where do I look?
As a commercial owner, developer, or investor, you carry real responsibilities: your tenants, your lease and lender obligations, and the value and performance of your asset. When poor workmanship, failing materials, or design mistakes threaten your building, the financial and operational pressure can be significant.
Every Property Type.
From office towers and retail centers to warehouses and mixed-use developments, we have the expertise for every commercial building class.
Business-Minded Advocacy.
We understand that commercial properties exist to perform, and we build every case around protecting your tenants, your income, and your asset value.
Operations Protected.
We coordinate inspections and litigation to minimize disruption to your tenants and business operations throughout the entire process.
No Cost to Owners.
We work entirely on contingency, advancing all engineering, expert, and legal costs ourselves so you recover without any upfront financial risk.
You don’t have to carry this alone. Hearn & Fleener helps Colorado commercial owners meet all of these responsibilities with confidence.
Take the First Step in Protecting Your Commercial Property.
Hearn & Fleener
Construction Defect Experts.
Construction defects are bad for business.
A construction defect in a commercial property never stays just a building problem. It becomes a tenant problem, a revenue problem, and a reputation problem, compounding in cost every day it goes unaddressed.
Your tenants expect a building that works. Your lenders expect a property that performs. When defects threaten both, you need a team that understands what’s at stake. And because Colorado sets firm legal deadlines for these claims, acting early is the best way to protect your rights and your recovery.
We work entirely on contingency, advancing every engineering, expert, and legal cost ourselves. You only pay when your property recovers.
Let’s look at some common defects commercial properties face in Colorado.
Common Defects in Commercial Properties.
Common Issues.
Colorado’s commercial market spans everything from suburban office parks and retail strips to downtown mixed-use towers. They all share one thing. When construction falls short on a commercial property, the financial consequences reach far beyond the cost of the repairs themselves.
Finding a Defect
Where do I look?
Concrete Failure.
Deterioration in underground parking structures, post-tension slab failures (slabs reinforced with tensioned steel cables), and heaving in concrete flatwork are common in commercial construction. Post-tension failures can compromise entire floors, and crumbling parking structures create both safety risks and heavy repair costs.
Roofing Systems.
Poorly installed membranes and drainage on flat and low-slope roofs are among the most common and costly defects we see. When a commercial roof fails, water gets into tenant spaces, damaging finishes and equipment, and in the worst cases, the structure itself.
Parking.
Poor preparation of the ground beneath the pavement (the subgrade) is a leading cause of premature cracking, settling, and drainage failures in commercial lots and drive aisles. Colorado’s expansive soils make it worse, breaking down surfaces that weren’t engineered for the ground beneath them, affecting every tenant and visitor and driving ongoing costs every season.
HVAC.
Faulty installation of heating, cooling, and plumbing disrupts operations, raises utility costs, and generates tenant complaints that threaten renewals. Where one system serves multiple tenants, a single defect can knock out an entire building’s climate control, and expose the owner to liability when tenants’ businesses are interrupted.
Elevators.
In commercial and mixed-use buildings, elevator failures from poor installation or cheap components immediately disrupt tenants and visitors. When an elevator fails ahead of its service life, the repair and replacement costs are steep, and fully recoverable under Colorado construction defect law.
Exterior Systems.
Cracking stucco, failed window flashing, and poorly installed cladding let water into retail and office spaces, damaging finishes, flooring, and tenant improvements. Colorado’s repeated freezing and thawing accelerates the damage to both the cladding and the wall behind it, turning a manageable repair into a building-wide project.
If your commercial property is experiencing any of these issues, you may have a valid construction defect claim.
See why Colorado commercial owners choose Hearn & Fleener.
Successful Case Results.
Real Results for our Colorado Clients.
Our case results show why we’re trusted.
Every commercial property is different, but our commitment to maximizing recovery isn’t. These are real results for Colorado commercial owners, where the owner paid nothing out of pocket and every dollar recovered funded permanent repairs.
Mixed-Use Development.
We represented the ownership group of a Colorado mixed-use development hit by widespread failures across its retail, office, and common areas: flat-roof failures over retail spaces, failing concrete and asphalt throughout the parking and common areas, and structural concerns in the underground garage that threatened the whole structure. When the developer’s offers fell far short of the real repair costs, we pressed the case hard and secured a result that fully funded the remediation.
Affecting retail, office, & common areas.
Confidential settlement.
Widespread construction failures.
Mixed-use commercial development.
A development restored.
A solid foundation makes for a solid building.
Religious Institution.
A Colorado religious institution brought us in on a construction defect claim against its construction manager and contractors that had already been in litigation for about four years. Within one year, we re-examined every issue, developed new repair plans, and negotiated a global settlement with fifty separate parties. Combining cash contributions and repairs performed by the defendants, the settlement’s total value was about $6.5 million, a clear example of our ability to step into stalled commercial litigation and deliver what previous counsel couldn’t.
Religious institution.
Four years of ongoing issues.
Remedied within one year.
$6.5 million award.
Lasting repairs.
Rebulding a community to last.
Business Restored.
Every result below represents a commercial property that faced a builder's failures and chose Hearn & Fleener to make it right. Each one ended with permanent repairs funded and the asset's performance protected.
Recognizing a potential defect is one thing. Proving it is another, and that is where our proven four-step process comes in.
Our Results.
Your Property Deserves Answers. Our Team of Experts Can Help.
Hearn & Fleener
Construction Defect Experts.
A commercial defect only gets more expensive the longer it waits.
Commercial defects require a firm that understands both the building and the business behind it. We bring 40 years of construction defect experience to every office building, retail center, and mixed-use development we represent.
From envelope failures and structural defects to mechanical systems and business-interruption losses, we investigate every issue, hold every responsible party accountable, and recover the funds your property needs to perform again, all at no upfront cost and no risk to your business.
The sooner you reach out, the more options you’ll have. Contact us today for your free, confidential inspection and report, and let Colorado’s most experienced commercial construction defect attorneys go to work for your property.
Colorado Commercial Property Defects Are Costing You Money. Let Us Help You Get It Back.
Construction defects hit your tenants, your cash flow, and the long-term value of your investment. Because Colorado sets firm filing deadlines, it’s worth acting sooner rather than later.
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.