Construction Defects Are Bad for Business. Colorado's Commercial Property Defect Attorneys Are Here to Help.
Finding a Defect
Where do I look?
At Hearn & Fleener, protecting commercial property owners and investors is central to our practice. For over 40 years we have been Colorado's most trusted construction defect law firm for office buildings, retail centers, mixed-use developments, & the businesses that depend on them. We have successfully represented more than 250 Colorado communities and property owners and recovered over $450 million on their behalf.
Enough to fund lasting repairs without a single dollar of upfront cost to the owner.
Defects
What to look for at your property.
Our Recovery Process.
Commercial construction defects carry consequences that extend far beyond the building itself. A defective roof over a retail center disrupts every tenant beneath it. A failing building envelope in an office tower threatens lease obligations, tenant retention, and the property's income stream. And unlike residential claims, commercial defects often involve complex contracts, sophisticated defendants, and significant business interruption losses that must be documented and recovered alongside the repair costs. Hearn & Fleener understands that for commercial owners, a construction defect is a threat to the entire business case behind the property. We investigate, litigate, and recover with that reality 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.
As a commercial property owner, developer, or investor, you carry significant responsibilities: protecting your tenants, meeting your lease and lender obligations, and preserving the value and performance of your asset. When poor builder workmanship, failing materials, or negligent design threatens your office building, retail center, or mixed-use development, the financial and operational pressure can feel immense.
Defects
Finding a Defect
Where do I look?
What to look for at your property.
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 do not have to carry the responsibility alone. Hearn & Fleener helps Colorado commercial owners meet every one of these obligations with confidence.
Take the First Step in Protecting Your Community Before Time Runs Out.
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 construction defects threaten both, you need a legal team that understands what is truly at stake. While defects quietly drain your property's value and income, Colorado's strict legal deadlines are counting down. Acting early is the single 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.
Where do I look?
Finding a Defect
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.
Defects
Commercial & Mixed-Use Properties.
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.
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.
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.
If your commercial property is experiencing any of these issues, you may have a valid construction defect claim.
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.
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.
See why Colorado commerical owners choose Hearn & Fleener.
Successful Case Results.
Winning Results for our Clients.
Our case results show why we’re the best.
Every commercial property is unique with different builders, different defects, and different business pressures, but our commitment to maximizing recovery for every owner remains constant. The following are real results we have achieved for Colorado commercial property owners. In each case, the owner paid nothing out of pocket, and the funds recovered were used entirely for permanent repairs.
Our Advantage
Proven Track Record.
Mixed-Use 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.
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.
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.
Religious institution.
Four years of ongoing issues.
Remedied within one year.
$6.6 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-phase process comes in.
Your Property Deserves Answers. We'll Provide Them, For Free.
Hearn & Fleener
Construction Defect Experts.
Don't let a builder's deadline become your problem.
Commercial construction defects demand a firm that understands both the building and the business behind it. Hearn & Fleener brings 40 years of exclusive construction defect experience to every office building, retail center, and mixed-use development we represent.
From building 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 stronger your position will be. Contact Hearn & Fleener today for your free, confidential inspection and report, and let Colorado's most experienced commercial construction defect attorneys fight for your property.
Contact us today.
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.