Condos & Townhomes.
Does Your Colorado Condo or Townhome Have Construction Defects? We Can Help.
Condominiums and townhomes present a unique set of legal and financial challenges when construction defects arise. Unlike a single-family home where one owner bears the impact, a defect in a condo or townhome community affects dozens or hundreds of residents simultaneously. Shared roofing systems, common area foundations, connected wall assemblies, and joint infrastructure mean that one builder's failure can ripple through an entire community at once.
At Hearn & Fleener, we have spent over 40 years representing Colorado condominium associations, townhome communities, and individual unit owners against the builders and developers who failed to construct their properties to the standard they promised. We have successfully represented more than 250 Colorado condo and townhome communities and recovered over $450 million on their behalf, enough to fund comprehensive repairs without a single dollar of upfront cost to the association or its residents.
We work exclusively on a contingency fee basis. We advance all engineering, expert, and legal costs ourselves. Your reserves stay intact, and you only pay us when your community recovers.
CONDO & TOWNHOME DEFECT EXPERTS
Colorado’s Premier Attorneys for Condo & Townhome Construction Defects.
We are dedicated to holding developers accountable and recovering the maximum funding required to address construction failures and ensure your community’s long-term stability.
Challenges.
Condo and townhome construction defect cases involve shared infrastructure, overlapping unit boundaries, and hundreds of affected residents. This level of complexity requires a legal team that understands exactly how these communities work. We have handled it hundreds of times across Colorado.
Infrastructure.
Condominiums and townhomes feature shared roofing, foundations, wall assemblies, and utility infrastructure. When any shared element fails due to improper construction, every unit in the community pays the price. We pursue every responsible party to ensure the full scope of damage is addressed and funded.
HOAs.
Most Colorado condo and townhome communities are governed by an HOA board that carries a fiduciary responsibility to pursue recovery on behalf of all residents. Hearn & Fleener works directly with HOA boards and property managers to navigate the entire legal process, giving community leadership the information and support needed to make confident decisions.
Defects.
A defect in one condo or townhome unit almost always signals a systemic problem affecting the entire development. Because builders use the same subcontractors and methods throughout a community, defects in shared systems rarely stay isolated. We investigate the full scope of the problem to build the strongest possible case.
Protecting the Rights of Colorado Condo & Townhome Communities
Condo and townhome owners face a unique challenge when construction defects emerge. You share walls, roofs, foundations, and common areas with your neighbors, which means a single builder failure affects everyone simultaneously. Without legal recovery, the financial burden falls directly on unit owners through special assessments or depleted reserve funds.
Hearn & Fleener has been protecting Colorado condo and townhome communities from exactly this scenario for over four decades. From small associations northwest of Denver to large urban towers in the Denver Tech Center, we have successfully pursued every category of construction defect claim on behalf of Colorado communities and delivered results that allowed those communities to make lasting repairs without passing the cost to residents.
If your community is showing signs of construction defects, contact us today for a free confidential evaluation. Colorado's construction defect filing deadlines are strict, and the sooner you act, the stronger your community's legal position will be.
We Discover the Defects, Communicate the Facts, and Fight for Full Recovery.
We understand that condo and townhome associations operate on tight budgets and answer to their residents for every dollar spent. Investigating a potential construction defect should never drain your operating account or reserve fund. That is why our entire investigation and evaluation process, from the first site visit to the final written report, is provided at absolutely no cost and no obligation to your association.
Condo and townhome communities present unique investigative challenges that single-family claims rarely involve. Shared roofing systems, connected wall assemblies, common area foundations, and complex governing documents all require a level of forensic and legal expertise that goes far beyond a standard property inspection. Here is exactly what our process looks like for condo and townhome clients:
Our No-Cost, Four-Phase Evaluation Process for Colorado Condo & Townhome Communities
Research & Risk Analysis.
Our attorneys review your association's governing documents, CC&Rs, warranties, and purchase contracts, research the financial standing of every responsible party, and identify the specific statute of limitations deadlines applying to your community. You receive an honest assessment of the risks and benefits of pursuing a claim before committing to anything.
Free On-Site Inspection.
Our team visits your community and conducts a thorough forensic inspection of every shared element, common area, and individual unit system that may be affected. We bring specialized building envelope experts, structural engineers, and roofing consultants as needed, all at our expense and with zero cost to your association.
Construction Records Research.
We pull the complete paper trail behind your community's construction, including building permits, approved plans, and inspection reports. For condo and townhome developments, this research identifies every subcontractor who worked on the shared systems affecting your community, giving us a complete picture of all potentially responsible parties.
Written Report & Presentation.
Everything we have gathered is compiled into a comprehensive written report and presented in person to your Board of Directors and management company. We walk through the findings together, answer every question your leadership has, and make sure every board member leaves with a complete understanding of your community's legal options and realistic path to recovery.
Common Defects.
Condominiums & Townhomes.
Condominiums and townhomes in Colorado are subject to the same demanding climate conditions as every other property type in the state, but the consequences of construction failures in shared communities are amplified. When a roof leaks over a condominium building, it does not affect one family, it affects every unit beneath it. When a foundation shifts due to expansive soils, the damage spreads through shared walls and floor assemblies across the entire structure.
If your condo or townhome community is experiencing any of the following, you may have a valid Colorado construction defect claim:
Defect Types.
1
Soil
2
Failures
3
Water
4
Cracks
Structural Issues.
Visible signs of structural movement including cracks in drywall, sloping floors, doors and windows that no longer operate correctly, and separation at wall and ceiling joints are common early indicators of construction defects in Colorado condo and townhome communities. These symptoms often point to underlying foundation movement, framing deficiencies, or soil related issues that require immediate professional evaluation.
Patterned cracking in stucco, siding, or stone veneer on the interior or exterior of a condo or townhome building is a significant warning sign. In Colorado, this type of cracking frequently indicates either improper installation of the exterior cladding system or movement in the underlying structure caused by expansive soils. Left unaddressed, these cracks allow water to infiltrate the wall assembly, causing hidden rot and mold that compounds in cost every year.
Exterior Cracks.
Deterioration.
Premature deterioration or failure of structural and building components, including roofing membranes, waterproof coatings, concrete flatwork, balcony structures, and fire suppression systems is a clear sign that a builder used substandard materials or installation practices. In shared communities, the failure of any common element has community-wide financial consequences and typically requires coordinated legal action to fully address.
Installation.
Improperly installed building components are among the most common defects we encounter in Colorado condo and townhome developments. This includes metal flashing and anchors improperly embedded into stucco or stone veneer, window and door systems installed without adequate weather barriers, and roofing components that were not correctly fastened or sealed. These installation failures create pathways for water intrusion and structural deterioration that are often invisible from the surface until the damage is extensive.
Improper grading and missing or defective drainage elements around a condo or townhome foundation are among the most serious defects a community can face. When water is not directed away from the building footprint, it pools against foundation walls and beneath slabs. In Colorado's climate, that standing water cycles through repeated freeze-thaw events, accelerating soil movement, foundation cracking, and in severe cases, widespread basement and parking structure flooding that affects the entire community.
Poor Drainage.
Water Intrusion.
Water intrusion is the single most common construction defect complaint we receive from Colorado condo and townhome communities. Leaking roofing systems, improperly installed windows and door systems, defective flashings, and failing balcony waterproofing are all frequent sources of water entry in Colorado multi-unit developments. Because water follows the path of least resistance through a shared building structure, a single point of entry can cause damage across multiple units simultaneously, making early detection and aggressive legal action critical to containing the financial impact on the community.
Successful Case Results.
The following are real results Hearn & Fleener has achieved for Colorado condo and townhome communities. Each case involved different buildings, different defects, and different developers but the same outcome. Full financial recovery for communities that had been failed by the people who built their homes. In every case, our clients paid nothing out of pocket, and the funds recovered were used entirely for permanent repairs.
The Hearn & Fleener Advantage: Proven Results for our Clients
DTC Condos.
A high-end condominium community in the Denver Tech Center, with ground level restaurants and retail shops, pursued its developer for widespread construction failures including flat roof deterioration, dangerous balcony conditions, failing concrete and asphalt flatwork, and structural concerns in the subterranean parking garage. When the developer's settlement offers fell far short of what the community needed to fund its repairs, Hearn & Fleener took the case to trial. The jury awarded the association $6 million, giving the community the full resources it needed to address every defect identified during our investigation.
Denver Metro Condominium Community.
A large Denver Metro condominium community brought a multi-million dollar construction defect claim centered on widespread water intrusion through roofing systems, windows, and deck structures, along with significant concerns about concrete quality and structural connections throughout the development. Hearn & Fleener moved the litigation forward efficiently, resolving all claims through a confidential settlement that the association's board and residents were very pleased with.
Northwest Denver Condominium Community.
A small condominium community northwest of Denver contacted Hearn & Fleener after residents began experiencing water intrusion throughout the development caused by poorly designed and improperly installed building envelope materials. Our attorneys documented the full scope of the defects and secured the funds needed to repair flashings, deck systems, siding, and all associated water intrusion damage across the community.
Erie Townhomes.
A townhome community in Erie consisting of 36 units across multiple buildings contacted Hearn & Fleener after the building envelope began showing widespread moisture management failures. Water was infiltrating the structure through defective envelope components, creating damage across units throughout the community. Our team documented the full scope of the defects, identified the responsible parties, and secured a confidential settlement that the community and its HOA were extremely pleased with.
200 Unit Colorado Condominium Association
Hearn & Fleener represented a condominium association of more than 200 units that came to us with significant water intrusion through roofing and window systems throughout the development. During our investigation, our forensic team identified additional deficiencies in concrete construction, site drainage, and structural elements that the association had not originally identified. Our experts developed comprehensive and cost effective repair methodologies that formed the basis of a settlement of approximately $4 million for the association.
Colorado's construction defect filing deadlines are among the strictest in the country. Once they pass, your community permanently loses its right to pursue the builder no matter how significant the damage.
If your condo or townhome community is experiencing signs of construction defects, contact Hearn & Fleener today for a free, confidential inspection and report.
No cost to your association, no obligation to move forward, and no risk to your reserves. You only pay us when your community recovers.