How Colorado Construction Defect Claims Work.
A free, four-phase process, from inspection to full recovery.
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From start to finish, Hearn & Fleener will be there to support you and your community.
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.
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 Hearn & Fleener Construction Defect Solution for Colorado Property Owners.
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-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.
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.
Construction defects in Colorado take many forms. Some are immediately visible, like cracks in walls or ceilings, water staining, or doors and windows that won't open or close properly. Others are hidden behind walls or beneath slabs and only reveal themselves over time, things like improperly installed waterproofing membranes, defective fire sprinkler systems, or structural failures caused by Colorado's notorious expansive and swelling soils.
What are Construction Defects?
Building Envelope Failures.
Defective windows, doors, and exterior cladding (such as stucco) that allow water intrusion into walls and framing.
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.
Roofing Defects.
Improper flashing, inadequate drainage, and poor installation that leads to leaks and interior water damage.
Mechanical Systems.
Installation errors that create ongoing maintenance costs and potential life-safety risks.
Deck & Balcony Defects.
Improper waterproofing and structural connections that create both water damage and serious safety hazards.
The Four Phase Solution.
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.
Every phase is performed at no cost or obligation to your association, board, or management company. Here is exactly what to expect.
Phase 1.
Inspect the Property.
Our process begins with a comprehensive, confidential on-site inspection of your property. A representative from Hearn & Fleener, often accompanied by one or more of our specialized building envelope experts, structural engineers, or forensic consultants will visit your community to conduct a thorough physical examination of the structures, common areas, and surrounding site conditions.
During this inspection, we are looking for both visible defects and indicators of hidden problems. In Colorado, this often includes examining foundations and slabs for signs of movement caused by expansive soils, reviewing roofing and flashing details for improper installation, inspecting windows and exterior cladding for water intrusion, and assessing decks, balconies, and mechanical systems for code compliance and workmanship deficiencies.
This inspection is conducted at no cost to you and is completely confidential. You are under no obligation to hire us as a result of this visit.
Examine the property.
Phase 2.
Evaluate Construction Records.
Once we have inspected your property, our team gets to work researching the paper trail behind its construction. This involves pulling documents and records from the government agencies responsible for overseeing and permitting the construction, including building permits, inspection reports, approved plans, and any code violation notices on file.
This research gives us invaluable insight into potential legal obstacles to a claim, as well as detailed information about the developer, general contractor, subcontractors, applicable building codes, construction timelines, and the specific plans your property was supposed to be built to.
It is important to understand that in Colorado, construction defect claims can reach every party involved in a property's construction, design, development, marketing, and sale, including the primary builder or developer and any subcontractors or design professionals who performed work on their behalf. Our records review helps us identify all responsible parties from the very beginning, which is critical to building the strongest possible case for your community.
Review the blueprints.
Phase 3.
Research & Review.
The third phase is where our legal analysis takes shape. Our attorneys conduct a thorough review of all community association governing documents, sales and marketing materials, purchase contracts, warranties, and any other legal or recorded documents relevant to your claim.
We also conduct in-depth research on the developer and contractor entities involved, including their contractor license numbers, any prior complaints or claims filed against those licenses, the current legal standing of the corporate entities, and the types of assets they currently hold. We do this early in the process because the financial viability of a potential defendant is a critical factor in whether pursuing a claim makes practical sense for your community.
In Colorado, construction defect claims are subject to strict statutes of limitations, meaning there are hard deadlines by which a claim must be filed or your community may lose its right to recover entirely. Our Phase 3 research identifies exactly where your community stands against those deadlines and what legal options are available to you. This gives your board and property manager the clear, fact-based information needed to make a confident and informed decision with no pressure from us.
Research the property.
Phase 4.
Final Report & Recommendations.
Everything we have gathered across the first three phases, the inspection findings, construction records, legal research, and financial viability analysis, is compiled into a single, comprehensive written report. This report contains our full findings and legal recommendations written in plain language that any board member or property manager can understand and act on.
As the final step in our process, we present this report in person to the property owner, Board of Directors, and/or management company. This isn't a one-way presentation, we walk through the findings together, answer every question your leadership has, and make sure everyone leaves the meeting with a clear picture of what happened at your property, what your legal options are, and what the realistic path to recovery looks like.
Our commitment to you: This entire four-phase process, the inspection, records research, legal analysis, and in-person report presentation, is performed at absolutely no cost or obligation to the property owner, board, or management company. We provide this complete assessment because we believe your community deserves real answers before making one of the most important decisions it will ever face. If you choose to move forward with a claim, we represent you on a contingency basis, meaning we only get paid when you recover.
Comprehensive Report.
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.