Colorado's Premier Construction Defect Law Firm
Your Builder Failed You. We Make Them Pay.
No upfront cost. No financial risk. You only pay us when you recover.
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.
Why Property Owners Choose Hearn & Fleener.
$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®
Our Mission is Simple.
Colorado’s construction defect experts.
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.
If the same area of your building keeps needing repair, the underlying cause is almost certainly a construction defect, not routine wear and tear.
Early Deterioration.
If your building is less than ten years old and something significant is failing, Colorado law provides specific protections that may entitle you to full recovery from the builder.
Budget Keeps Growing.
If your annual maintenance budget keeps increasing to manage the same recurring problems, the root cause is likely a construction defect that legal recovery would permanently resolve.
Multiple Unit Issues.
If multiple units or homes in your community are experiencing the same problem, the cause is almost certainly a systemic construction defect rather than individual maintenance issues.
This Is Not Just Your Home. It Is Your Life's Biggest Investment. We Protect It.
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.
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.
No Cost Inspection.
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.
No Risk Representation.
If we do not win, you owe us nothing. No legal fees, no expert costs, no engineering bills.
Zero.
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.
Your builder has a legal team. Do you?
Unlike general practice firms that handle construction defects among dozens of other practice areas, this is all we do.
What sets Hearn & Fleener apart is not just our track record in the courtroom. It is our leadership in shaping the law itself.
40+
/years of experience
Tier 1 ranked.
Recognized by peers.
100% construction defect focus.
No recovery, no fee.
Proven results for Colorado owners.
Colorado's Most Trusted Construction Defect Attorneys.
HOA
Community Associations
Property Owners
Trust Hearn & Fleener
Homeowners Associations.
No upfront cost to the association.
We advance all legal, engineering, and expert costs. Your association pays nothing unless we recover.
Colorado specific expertise in construction law.
Homeowners.
Hearn & Fleener has recovered hundreds of millions of dollars for Colorado residential property owners across every property type, from individual homeowners to large multi-family communities.
We don’t just win defect cases. We rebuild communities.
HOA
Forty years of Colorado construction defect experience.
Community Associations
$450
/million recovered
Statewide network of experts.
250+ communities represented.
No special assessments.
Board level communication.
Proven results.
We bring specialized engineers, building envelope experts, and geotechnical consultants to every community we inspect across Colorado.
One Firm. Every Colorado Property Type Represented.
Community Associations
Trust Hearn & Fleener
Select Your Property
Homeowner Associations.
Statewide HOA representation.
Full site inspection.
In person board presentations.
CDARA notice & claims.
No special assessments.
Commercial.
Protecting your investments.
Owner & investor representation.
Structural & mechanical claims.
Primary Practice.
Colorado's most common construction defect claimant and the client Hearn & Fleener has represented more than any other.
Residential.
Association and individual unit representation.
Your Investment.
We represent Colorado commercial property owners, investors, and developers in construction defect claims across office, retail, mixed-use, and industrial properties at no upfront cost.
Every property type. Every region of Colorado. One no cost evaluation to find out what your builder owes you.
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.
Rated 5 stars by our clients.
See why our clients choose Hearn & Fleener.
Testimonials
Gary Teegarden.
“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.”
Board President
Jana Ganion.
“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.”
Communications Director
Joe Taylor.
“Great firm to work with. Very knowledgeable and easy to work with.”
Community Manager
FAQs
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.