Find out what you and your property are up against.
How Colorado Construction Defect Claims Work.
A free, four-phase process, from inspection to full recovery.
The Hearn & Fleener Investigation.
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The Hearn & Fleener Construction Defect Solution for Colorado Property Owners.
Hearn & Fleener
How we work.
If you are an HOA board member, property manager, or homeowner who suspects your building has construction defects, the first question you probably have is where do I even start"? At Hearn & Fleener, we have spent over 40 years answering that question for Colorado communities and we have made the answer as simple and risk-free as possible.
Fact Finding
How we go about your case.
Our Process.
Our process is built around four clearly defined phases, from the initial forensic inspection of your property all the way through the final report and legal recommendations. Every step is handled by our team of experienced Colorado construction defect attorneys and expert consultants. And every step is completely free, no cost, no obligation, and no strings attached. We only get paid when you recover.
The no-cost inspection, research, meeting, & report.
Our process begins with a confidential onsite inspection, includes extensive research, and is followed by a meeting with HOA leadership to discuss what is happening at their community. Hearn & Fleener conducts multi-phase investigations concerning all potential construction defect lawsuits. We do all of this at no cost to the property owner, HOA, Board or homeowners.
No Risk
Our Four Part Fact Finding Process
Finding a Defect
Where do I look?
No-cost inspection.
Our team conducts a hands-on forensic inspection of your property, examining structures, common areas, and building systems inside and out. We bring in specialized building envelope experts and inspectors as needed to document every defect all at zero cost to your HOA, board, or management company.
No-cost report.
Once our investigation is complete, we deliver a comprehensive written report with our findings and legal recommendations in plain, clear language. No legal jargon, just the facts your board needs to make a confident, informed decision about whether to move forward with a claim. Completely free, with no obligation to hire us.
Before you decide whether to reach out, it helps to understand exactly what a construction defect is and why these claims matter so much for Colorado property owners.
Hearn & Fleener brings the peace of mind in knowing you have experts on your side.
What are Construction Defects?
Common Construction Defects
What makes an issue a construciton defect?
The term "construction defect" refers to any aspect of a home, building, or common interest community that was not constructed or designed in accordance with the approved plans, specifications, applicable building codes, manufacturer's installation instructions, or accepted industry standards. In short, if your builder promised a certain standard of quality and failed to deliver it, that failure may constitute a construction defect.
Systematic Issues
Failure to Build it Right.
Structural Issues.
One of the most prevalent problems in Colorado, where expansive clay soils shift dramatically with changes in moisture, causing foundations to crack, walls to bow, and floors to become uneven.
Undersized beams and floor joists.
Shear wall construction failures.
Missing or improper structural connectors.
Unauthorized truss & framing modifications.
A solid foundation makes for a solid building.
Mechanical Systems.
Installation errors that create ongoing maintenance costs and potential life-safety risks.
Roofing Defects.
Improper flashing, inadequate drainage, and poor installation that leads to leaks and interior water damage.
Improperly installed or missing flashing.
Defective or missing underlayment.
Inadequate attic ventilation.
Substandard or improperly rated materials.
Improper nailing patterns.
Keeping the elements out of your home.
Deck & Balcony Defects.
Improper waterproofing and structural connections that create both water damage and serious safety hazards.
Building Envelopes.
Defective windows, doors, and exterior cladding (such as stucco) that allow water intrusion into walls and framing.
Missing weather-resistive barriers.
Improperly installed or missing sealants.
Defective stucco and EIFS installation.
Missing or defective window & door flashing.
Inadequate drainage planes behind cladding.
Improper installation can cause lasting and costly issues.
Recognizing a potential defect is one thing. Proving it is another, and that is where our proven four-phase process comes in.
The Four Phase Construction Defect Solution.
The Hearn & Fleener Guarantee
No cost, no obligation consultation.
No Cost Report
How we remove the financial barriers.
Every phase is performed at no cost or obligation to your association, board, or management company. Here is exactly what to expect.
Free Consultation.
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.
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.
For over 40 years, Hearn & Fleener has guided Colorado HOAs, homeowners, and commercial property owners through the construction defect claims process using a proven four-phase approach.
Our process is designed to give your community complete transparency at every step from the moment we first walk your property to the day your community receives the funds needed to make lasting repairs.
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.
Ready to Find Out If Your Community Has a Claim?
Don't wait. Colorado's construction defect statutes of limitations mean that delays can permanently cost your community its right to recover. Contact Hearn & Fleener today to schedule your free, confidential inspection and report. There is no cost, no obligation, and no risk, just experienced Colorado construction defect attorneys ready to give your community the answers it deserves.