Construction Defect Attorneys.
Protecting the Main Street of the Rockies.
1
2
3
4
Preserving the structural integrity and investment value of Frisco’s premier residential and commercial corridors through elite forensic engineering and zero-risk legal accountability.
Hearn & Fleener’s "No-Upfront Cost" Site Inspection & Litigation Report.
For a Frisco Board of Directors or homeowner, the primary barrier to justice is the high cost of the initial investigation. Hearn & Fleener eliminates this financial risk entirely by assuming 100% of the investigative overhead, providing the data you need without touching your reserves.
From the high-density developments near the Frisco Bay Marina to the custom mountain estates bordering the White River National Forest, property owners face a relentless battle against heavy snow loads, shifting mountain soils, and intense freeze-thaw cycles.
The No-Cost Inspection.
We deploy a specialized team of and site inspectors to perform an intensive physical diagnostic of your Frisco property at no upfront cost. Utilizing infrared thermography and borescope technology, we identify latent building defects, such as thermal bypasses and snow-load truss deflection, that are often hidden behind mountain home finishes.
No-Cost Litigation Report.
Following the audit, we provide a definitive Litigation Determination Report that translates complex engineering failures into clear repair valuations and a risk-reward analysis. This essential tool provides the transparency needed to secure the 65% owner approval mandate, helping your Board align the community and avoid massive out-of-pocket special assessments.
Navigating a construction defect claim in the heart of Summit County requires a surgical, engineering-backed roadmap. Success is built on the quality of your data before you ever set foot in a courtroom. Our four-phase protocol is designed to eliminate guesswork and provide the Board with absolute technical clarity. From the high-density developments near the Frisco Bay Marina to the custom mountain estates bordering the White River National Forest, property owners face a relentless battle against heavy snow loads, shifting mountain soils, and intense freeze-thaw cycles.
Our Recovery Process: The Four-Phase Rebuilding Protocol
Onsite Evaluation.
A high-tech physical diagnostic of the building. We utilize non-destructive tools like infrared thermography and borescopes to identify hidden moisture, structural rot, and thermal breaches that are invisible to the naked eye.
Regulatory Review.
A side-by-side comparison of your property’s construction against mandated Summit County codes. We pinpoint exactly where the builder deviated from engineering plans or geotechnical requirements to save on material costs.
Risk Analysis.
An exhaustive vetting of the developer’s corporate structure and insurance layers. We identify active "Wrap" and Commercial General Liability (CGL) policies to ensure a well-funded recovery path exists before any legal action is taken.
Final Report.
The delivery of a Litigation Determination Report (LDR). We host a meeting with the owners to present our findings, providing the transparent, scientific data required to secure the mandated 65% owner approval vote.
Why Frisco Homeowners Associations Choose Hearn & Fleener.
Frisco HOAs always select Hearn & Fleener for their Construction Defect needs.
Hearn & Fleener serves as the definitive partner for Frisco HOAs. We provide the institutional weight and forensic infrastructure required to transform structural failures into fully funded restoration projects. Our goal is to ensure that the burden of repair falls on the builder’s insurance, not on your homeowners’ wallets through massive special assessments.
-
Colorado legislation has increased the owner approval threshold to 65% for initiating litigation. In a town like Frisco, where many owners are second-home investors living out of state, reaching this target is a massive logistical challenge. We act as your liason, utilizing digital town-hall platforms and clear, forensic storytelling to align your community. We show owners exactly how a developer-funded fix protects their biggest investment, securing the "Yes" vote required to move forward.
-
Proving a builder’s negligence in the Summit County requires expensive consulting, often costing an association over $100,000 for soil borings, drone surveys, and thermal mapping. We eliminate this financial barrier by advancing 100% of these investigative costs. Your Board can fulfill its fiduciary duty to investigate leaks or foundation cracks without spending a single dollar of the association’s reserve funds unless we successfully secure a recovery.
-
Your community deserves representation recognized at the highest level of the profession. The Best Lawyers in America® recognized four of our attorneys, who were honored by their peers for excellence in Construction Law. This elite standing gives your Board a distinct strategic advantage, forcing national developers to treat your Frisco asset as a high-priority liability.
At Hearn & Fleener, we recognize that a "one-size-fits-all" legal strategy is insufficient for the mountain resort market. We tailor our forensic investigations and recovery models to the specific structural and financial goals of your portfolio, ensuring that whether you are protecting Net Operating Income (NOI) for a commercial asset or personal equity in a private residence, the legal outcome aligns with the long-term distinction of your Frisco investment.
Expertise for the Unique Property Types of Frisco, CO.
Providing solutions to your property, no matter the type.
Resort Condominiums.
We act as a fiduciary shield for Frisco HOAs, navigating the legal landscape to resolve shared-wall, roof, and fire-safety defects before they trigger massive special assessments.
Custom Estates.
We hold luxury builders accountable for failures in high-altitude engineering and the improper application of premium materials, ensuring your private mountain sanctuary is restored to its "like-kind" distinction.
Local knowledge of Summit County’s building guidelines and laws.
Commercial.
We secure rapid recoveries for flat-roof, drainage, and HVAC failures in Frisco’s professional and retail spaces, focusing on minimizing business disruption and preserving long-term asset capitalization.
Apartments.
We protect investor yields by aggressively pursuing claims for systemic decay and inferior construction, shifting the capital cost of repairs from your Net Operating Income (NOI) back to the developer.
Colorado’s Top Attorney’s
Why Hearn & Fleener is Frisco’s #1 Construction Defect Firm.
Local Knowledge and Dedication.
1
2
3
4
Common Frisco Defects: Litgating Failures in Summit County
Building in Frisco at 9,075 feet creates a unique set of engineering challenges that go beyond standard construction practices. The town's location, nestled between the Tenmile Range and the Dillon Reservoir, exposes properties to extreme "lake-effect" moisture and some of the highest snow-load requirements in the state. When developers prioritize speed over these specialized alpine demands, the results are systemic failures that are often hidden behind high-end mountain-modern finishes.
Snow-Load Deflection.
The Defect: Frisco roofs must support immense static pressure. When builders use under-specified trusses or fail to install proper structural blocking, the roof system begins to "deflect" or sag. This manifests as interior ceiling cracks, sticking doors, and compromised structural headers that jeopardize the building's long-term safety and resale value.
The Strategy: Our structural engineers calculate the "as-built" load capacity versus the 2026 alpine codes. By documenting these mathematical deviations, we prove the structure is under-engineered, triggering a builder-funded reinforcement plan that secures the property's integrity without depleting the HOA’s reserves.
Moisture Intrusion.
The Defect: Properties near the Frisco Bay Marina face unique "micro-climate" humidity and wind-driven rain. Improperly integrated weather-resistive barriers (WRB) or failing window flashing allows moisture to become trapped behind modern stone or metal siding, leading to invisible mold growth and structural rot.
The Strategy: We utilize high-resolution infrared thermography and forensic moisture mapping to "see" through the exterior finishes. This provides the scientific proof needed to hold developers accountable for a total building envelope restoration rather than a temporary, cosmetic patch.
Foundation Instability.
The Defect: Frisco properties, particularly those on the slopes of Peak One, are built on volatile mountain soils. Poorly engineered retaining walls or improper site drainage can lead to soil saturation and "frost heave," causing significant foundation cracking and the loss of structural stability.
The Strategy: We perform subsurface soil borings and resistivity testing to prove the developer failed to follow the project’s specific geotechnical recommendations. We secure the funds for permanent deep-pier stabilization and the total re-engineering of the site's drainage systems.
The Hearn & Fleener Advantage: Why Frisco Owners Trusts Us
In a mountain market where builders are represented by national insurance firms, Frisco owners need a partner with equivalent institutional knowledge and power. Hearn & Fleener is the premier choice because we combine forensic engineering with a relentless legal strategy.
-
We provide the dominant legal weight required to force national developers to the table, ensuring Main Street associations and marina-district condos are never intimidated into sub-par settlements.
-
We advance 100% of the costs for forensic inspections, protecting your community's reserves while we build the scientific evidence required for a successful claim.
-
Navigating the 2026 HB 25-1272 requirement is a hurdle we solve as your homeowner communication by utilizing digital town halls to align long-distance owners and secure the vote.
-
Four of our attorneys are recognized in the 2025 Edition of The Best Lawyers in America®, providing your asset with peer-vetted authority that forces builders to take your claim seriously.
Frequently Asked Questions.
-
In Colorado, you typically have two years from the moment you "notice" a symptom (like a leak or a crack) to file a claim, and a total of six to eight years from the date of substantial completion (the Statute of Repose). Because these deadlines are some of the shortest in the country, Hearn & Fleener performs a no-cost forensic audit to determine your exact "tolling" dates before your right to recovery expires.
-
Yes, but the defect must be disclosed to potential buyers. Often, unresolved defects lead to "lender blacklisting," where banks refuse to issue new mortgages for the building. By initiating a claim, we provide the funded repair plan that lenders require to keep your property financeable and sellable during the restoration process.
-
"Settling" is the most common excuse used by developers to avoid liability. Our structural engineers perform high-precision laser surveys to prove that "settling" is actually under-engineered framing or geotechnical failure caused by Frisco’s volatile slopes, forcing the builder's insurance to pay for the permanent structural cure.
-
We specialize in Successor Liability. Even if the original developer is "out of business," their Commercial General Liability (CGL) and "Wrap" insurance policies remain tied to the property's history. We track down these active policies to ensure your community has access to the millions of dollars in coverage required for your restoration.
-
Unresolved life-safety defects (like fire-wall breaches) can actually jeopardize your STR license. We minimize impact by coordinating "shoulder season" repair schedules, ensuring that the legal process preserves both the safety of your guests and your peak-season rental revenue.
-
No. Hearn & Fleener advances 100% of the costs for the forensic investigation, including infrared drones and engineering audits. Your association only reimburses these costs if we successfully secure a recovery from the builder, ensuring your reserve funds remain untouched during the discovery phase.
Curious about what Hearn & Fleener can do for you?
Schedule your no-cost Frisco or Summit County property inspection and receive a comprehensive defect report.