When a builder cuts corners, your community pays the price. At Hearn & Fleener, we are Colorado's premier construction defect law firm and we have spent over 40 years making sure property owners, homeowner associations, and commercial owners never have to face that fight alone.
We provide Colorado property owners with a comprehensive, no-cost diagnostic suite, including a forensic physical inspection, a full review of construction records and legal documents, a legal risk and benefit analysis, and a detailed written report with our findings and recommendations. Every step of this process is performed at zero out-of-pocket cost or obligation to your association, board, or management company.
Our mission is simple: To arm your leadership with the technical evidence and legal standing needed to protect the biggest investment your community will ever make and to pursue full financial recovery when a builder or developer has failed to deliver on their promises.
Colorado’s Premier Construction Defect Attorneys for HOAs & Property Owners.
$450 Million
40 Years
Industry experience.
Recovered for our clients.
Recognition
Peer backed confidence.
Enabling owners to restore their properties.
The longevity & experience you need.
2026 edition of The Best Lawyers in America®
Most Colorado property owners and HOA boards do not know whether what they are seeing is a construction defect, normal wear and tear, or something in between. That uncertainty is exactly why Hearn & Fleener exists. With over 40 years of exclusive construction defect practice in Colorado, our team has seen every defect type, in every property type, across every region of the state. We will tell you honestly what we find and because our entire evaluation is provided at no cost and no obligation, there is no reason not to find out.
Does Your Property Have a Construction Defect?
-
Recurring repairs to the same areas of a building are one of the most reliable indicators of a construction defect.
When a roof keeps leaking at the same location, stucco keeps cracking in the same pattern, or balcony membranes keep failing after repair, the cause is almost always an underlying installation failure that surface patching cannot resolve. Hearn & Fleener's no cost inspection is specifically designed to determine whether what your community is experiencing is a maintenance issue or a recoverable construction defect. We will give you an honest answer either way.
-
Water intrusion in a relatively new building is almost always caused by a construction defect rather than weather alone.
Improper flashing, missing sealants, defective window installations, and waterproofing failures are all recoverable construction defects under Colorado law. Our forensic team uses controlled water testing and infrared thermal imaging to establish exactly where the water is entering and why, creating the technical evidence needed to prove the builder's responsibility. The evaluation costs you nothing and the water damage behind your walls is almost certainly more extensive than what is visible from the interior.
-
In Colorado, "normal settling" is one of the most common things builders say and one of the most commonly incorrect.
Normal settling stabilizes over time. Expansive soil damage caused by a builder's failure to follow geotechnical requirements progressively worsens with every wet and dry season. If your cracks are growing, your floors are becoming more unlevel, or your doors that used to close are now sticking, you are almost certainly not seeing normal settling. Colorado's Front Range sits on some of the most expansive bentonite clay soils in the country and Hearn & Fleener has recovered over $16 million for a single soil-related community claim alone.
-
Yes, immediately. Deck and balcony defects are life-safety risks, not maintenance issues.
Wobbly guardrails, soft or spongy boards, visible gaps between the deck frame and the house, or peeling paint on the ceiling beneath a balcony are all warning signs that structural integrity may already be compromised. Builders frequently omit required hold-down hardware, use incorrect fasteners, or fail to properly waterproof walk decks over living spaces. Both the structural failure risk and the water damage these defects cause are fully recoverable under Colorado construction defect law. Do not wait for the problem to worsen before getting a free evaluation.
-
Repair costs you have already spent may be recoverable and future repair costs absolutely should be the builder's responsibility.
Commercial property owners in Colorado have the same legal rights as residential property owners when it comes to construction defect claims. Recurring failures in roofing, building envelope, mechanical systems, or structural components within the first several years of construction are almost always the result of defective workmanship rather than normal wear. Hearn & Fleener has represented commercial property owners, mixed-use developments, and office buildings across Colorado. Our no cost evaluation will tell you exactly what your building has, who is responsible, and what a realistic recovery looks like.
-
A builder going out of business does not mean your claim is gone.
Construction defect claims in Colorado can often be pursued against the builder's insurance carriers even after the company has dissolved, and against the subcontractors and design professionals who contributed to the defects and maintain their own active insurance coverage. Hearn & Fleener's Phase 3 legal research process specifically investigates the financial standing and insurance coverage of every responsible party before we recommend pursuing a claim so you have a clear picture of who can actually pay for your repairs before committing to anything.
-
Contact us immediately. Do not try to determine this on your own.
Colorado has two separate filing deadlines. The statute of limitations gives you two years from the date a defect is discovered or reasonably should have been discovered. The statute of repose sets an absolute outer limit of six years from substantial completion, with a possible extension to eight years in some circumstances. These are among the shortest deadlines in the country and they can begin running earlier than most property owners realize. The only reliable way to know whether your deadline has passed is to speak with a construction defect attorney immediately. Hearn & Fleener's initial consultation is always free, always confidential, and always the right first step.
You Pay Nothing. Ever. Unless We Win.
Hearn & Fleener's entire four-phase evaluation and claims process is provided to your community at absolutely no upfront cost and no financial risk of any kind. We advance every engineering cost, every expert fee, and every legal expense ourselves. You only pay us if and when your community recovers funds through a settlement or jury verdict. If we do not recover, you owe us nothing.
This is not a limited free consultation. It is a complete, professional, multi-phase forensic and legal evaluation delivered at no cost because we believe every Colorado property owner deserves to know whether their builder failed them, regardless of the size of their reserves or the scale of their claim.
No Cost Inspection.
A hands-on forensic inspection of your property conducted by our team and specialized building envelope experts. We come to you, examine your structures inside and out, and document every defect, at no cost to your association or you.
No Cost Report.
After the inspection, we deliver a clear, comprehensive written report with our findings and legal recommendations. No confusing jargon, just the facts your board needs to decide whether to move forward with a claim. Completely free, with no obligation to hire us.
What sets Hearn & Fleener apart is not just our track record in the courtroom. It is our leadership in shaping the law itself. Our attorneys have been instrumental in drafting Colorado construction defect legislation and have testified before the state legislature to protect the rights of homeowners, community associations, commercial property owners, and investors across Colorado. When the law changes, our clients are protected because we helped write it.
Colorado's Most Trusted Construction Defect Law Firm.
Our Mission.
At Hearn & Fleener, our mission is straightforward. To protect the most important investment our clients will ever make.
We are Colorado's premier construction defect law firm, serving homeowner associations, individual homeowners, condominium communities, apartment owners, commercial property investors, and custom home owners across every region of the state.
Integrity first.
We fight for full recovery.
No cost, no risk.
Colorado is our home.
Our History.
With over 40 years of specialized practice in Colorado construction defect law, Hearn & Fleener has become one of the most respected and most experienced construction defect law firms in the state.
Founded on expertise.
Recognized statewide.
$450 million recovered.
We helped write the law.Colorado is our home.
Why Colorado Property Owners Choose Hearn & Fleener With Their Most Important Legal Decision.
We don’t just win defect cases. We rebuild communities.
Whether you are an HOA board member, a condominium owner, a custom home owner, a commercial investor, or an apartment owner, the challenge is the same, you need specialized legal expertise, forensic resources, and litigation experience that most property owners cannot access on their own.
Hearn & Fleener was built specifically to solve that problem, and because we work exclusively on a contingency fee basis, the cost of complete legal representation is always zero until you recover.
-
Your community or property pays nothing until we recover. We advance all engineering, expert, and legal costs ourselves. HOA boards, individual homeowners, and commercial investors all benefit from the same no cost model.
-
We present our findings in person to HOA boards, property owners, and investors at every phase of the process and keep you informed at every step of the litigation.
-
We practice exclusively in Colorado construction defect law. Whether your property is a mountain resort condominium, a Front Range single-family community, a Denver high-rise, or a commercial development, our team brings the same depth of focused expertise.
Properties We Service.
No two construction defect cases are exactly alike, and neither are the communities we represent. Whether you're an HOA board managing a 300-unit condominium complex, a homeowner who built a custom home that's already showing cracks, or a commercial property owner dealing with a failing building envelope, we have the specialized legal expertise to pursue your claim from start to finish.
We have successfully represented every type of Colorado property owner, and our deep understanding of the structural, legal, and financial challenges unique to each property class means we can build the strongest possible case for your community.
Homeowner Associations.
We protect homeowners associations against community wide failures. Through community communication we make sure your whole neighborhood is covered.
Condominiums.
We advocate for condominium owners and associations facing complex structural issues and common area defects in shared-interest communities across Colorado.
Townhomes.
Our team specializes in addressing building envelope failures and multi-unit construction flaws common in modern townhome developments.
Single-Family.
We protect individual homeowners against developer negligence, with a focus on structural failures caused by Colorado’s expansive soils and poor grading.
Apartments.
We represent owners and developers of multi-family complexes, ensuring that large-scale construction meets safety standards and project specifications.
Custom Homes.
We represent owners of custom-built homes who have discovered construction defects after their builder has walked away.
Commercial.
From retail centers to office buildings, we handle complex defect claims that threaten the safety and financial viability of commercial real estate.
Lofts & High Rises.
We have extensive experience managing the intricate legal and technical challenges of high-density urban builds, including fire-life safety and window wall systems.
Ask us a question.
If you think you have a construction defect, or have any questions, please reach out and we’ll work with your and your community to find out what protections you have.
Our No Cost Four Phase Process.
Our comprehensive four-phase solution provides a proven roadmap for your community, guiding you with total transparency from the initial investigation through the final restoration of your property.
Phase 1.
Inspect the Property.
Hearn & Fleener's process begins with a representative visiting the property, examining the structures as well as the surrounding areas with the goal of identifying any construction defects or areas of concern present at the site.
Examine the property.
Phase 2.
Evaluate Construction Records.
The second phase involves researching the documents and records regarding the property's construction stored with the government agencies responsible for overseeing and permitting the construction. This provides invaluable information about the developer, general contractor, subcontractors, applicable codes, approved plans, and construction dates, as well as the potential legal obstacles and opportunities associated with the claim.
Review the blueprints.
Phase 3.
Research & Review.
The third phase includes a legal analysis to identify the risks and benefits associated with a potential claim. This assessment includes a thorough review of community association governing documents, sales materials, contracts, and all available legal and recorded documents. We also research developer entity standing, contractor license numbers, any claims against those licenses, and the financial viability of every responsible party, so your board has practical, fact-based information to make an informed decision.
Research the property.
Phase 4.
Final Report & Recommendations.
All findings from the three preceding phases are organized into a comprehensive written report containing our recommendations and analysis. As the final step in the no cost process, Hearn & Fleener presents this report in person to your Board of Directors and management company to facilitate discussion and answer every question your board has. This presentation is the final step before your board makes any decision about whether to pursue a claim.
Our assurance to property owners: This complete four-phase process is performed at absolutely no cost and no obligation to your association, community leadership, or management company. We provide the full assessment so that your board has complete peace of mind whether you choose to move forward with a claim or not.
Comprehensive Report.
Supporting Colorado Homeowners & Communities Across the State
We are proud to serve homeowner associations and property owners throughout Colorado, including Denver, Aurora, Lakewood, Arvada, Westminster, Thornton, Centennial, Highlands Ranch, Parker, Castle Rock, Littleton, Englewood, Broomfield, Boulder, Fort Collins, Greeley, Loveland, Colorado Springs, Pueblo, Longmont, Brighton, Commerce City, Northglenn, and Wheat Ridge. No matter where your community is located in Colorado, Hearn & Fleener is ready to help.
TESTIMONIALS
Rated 5 stars by our clients.
“The Association is and was extremely happy with your efforts and guidance. We highly recommend you to anyone who has property damage as a result of construction defects or from other causes. We honestly do not believe there is a better attorney in the field.”
Gary Teegarden (Board President)
“Our entire organization was very impressed with your knowledge and experience in the construction industry and in particular, representing owners who have sustained damages from construction defects.”
Jana Ganion (Communications Director)
“Great firm to work with. Very knowledgeable and easy to work with.”
Joe Taylor (Community Manager)
Think You Have a Construction Defect? Let's Find Out — For Free.
Don't wait. In Colorado, construction defect claims are subject to strict statutes of limitations, and delays can cost your community its right to recover. Contact Hearn & Fleener today to schedule your no-cost inspection, research, and report. There is no fee, no obligation, and no risk.
Just answers.