Construction Defect Legal Services for Colorado’s Homeowner Associations.
Finding a Defect
Where do I look?
Fiduciary Duty.
When a home or building isn’t constructed properly, the effects reach every home in the community. Cracked foundations, leaking roofs, and failing balconies can lead to repair bills large enough to drain a community’s reserve funds or force a special assessment, an extra charge passed on to residents who already paid for a home that should have been built right.
Board Member Responsibilities.
As an HOA board member or community manager, you have a duty to look out for your community’s best interests. The community’s safety, its finances, and its long-term value. When poor workmanship, failing materials, or design mistakes start to affect your condominiums, townhomes, or homes, the responsibility that lands on your board can feel like a lot to carry. You don’t have to carry it alone.
Keeping track of recurring repairs & resident complaints.
Hold builders & developers responsible for their work.
Avoid special assessments by recovering costs the builder caused.
Make well-informed decisions on behalf of every homeowner.
Get qualified legal & expert guidance early.
A solid foundation makes for a solid building.
Colorado’s Premier Construction Defect Attorneys for HOAs & Community Associations.
Why Choose Us?
Finding a Defect
Where do I look?
At Hearn & Fleener, representing HOAs is the core of our practice. For over 40 years we have been Colorado's most trusted construction defect law firm for homeowner associations, condominium communities, and townhome developments. We have successfully represented more than 250 Colorado HOA communities and recovered over $450 million on their behalf, enough to fund lasting repairs without a single dollar of upfront cost to the association or its residents.
Top Rated.
Our partners are consistently recognized by The Best Lawyers in America® and Super Lawyers, specifically for Construction Litigation.
Unmatched Track Record.
We have successfully represented over 250 HOA communities and recovered more than $450 million for our clients.
Protecting Your Reserves.
Our goal is to fund your community’s repairs entirely from the builder’s responsibility, protecting your reserve funds and sparing residents a special assessment.
Beyond the Courtroom.
We don’t stop when the case is settled. We help your board through the repair phase afterward, sorting out which fixes are most urgent and connecting you with trusted, independent construction experts.
You do not have to carry the responsibility alone. Hearn & Fleener helps Colorado boards meet every one of these obligations with confidence.
Let’s look at some common construction defects HOA’s face in Colorado.
Common Defects in Homeowner Associations.
Common Issues.
Colorado's climate is uniquely demanding on residential construction. Heavy snow loads, dramatic freeze-thaw cycles, high winds, intense UV exposure, and some of the most expansive clay soils in the country all conspire to expose the weaknesses in any building that wasn't constructed to code. When a builder cuts corners in Colorado, the defects don't stay hidden for long and it is almost always the HOA and its residents who are left to pay for them.
Finding a Defect
Where do I look?
Soil Movement.
Colorado's expansive clay soils are one of the leading causes of construction defect claims in the state. When these soils are not properly managed during construction, they expand and contract dramatically with changes in moisture, causing cracked foundation slabs, heaving basement floors, bowed walls, and the distinctive patterned cracking in exterior stucco and interior drywall that signals movement beneath the surface.
Water Intrusion.
Leaking roofs, failing window and door seals, or water pooling on balconies and decks are among the most common and most damaging defects we see in Colorado HOA communities. Left unaddressed, water intrusion causes mold, rot, and structural deterioration that compounds in cost every year it goes untreated.
Poor Drainage.
Improper grading and drainage design allows water to pool against and beneath foundations rather than draining away from the structure. In Colorado's climate, standing water around foundations accelerates soil movement and frost heave, directly threatening the structural integrity of every building in the community.
Material Failures.
Premature deterioration of concrete flatwork, asphalt, and exterior cladding materials, including stucco systems that were improperly mixed or applied, is a common sign that a builder used substandard materials or installation practices. Failing fire suppression systems are another category we see frequently, and one that carries both significant safety risk and substantial repair cost for HOA communities.
Deck Rot.
Improperly sloped balconies, missing waterproof membranes, and defective deck coatings trap moisture against the building's wood framing. In Colorado's climate, this moisture cycles through repeated freeze-thaw events, accelerating the deterioration of structural supports and eventually creating serious safety hazards for residents. Deck and balcony failures are among the most urgent defects we encounter because of the life-safety risk they present.
Insulation.
Missing or improperly installed insulation in attics and exterior walls is a pervasive defect in Colorado communities and one that is frequently overlooked until the damage becomes severe. In Colorado's harsh winters, inadequate insulation causes excessive energy loss, destructive roof ice dams, and in the worst cases, catastrophic pipe bursts that cause widespread interior damage across multiple units simultaneously.
If your community is experiencing any of these issues, you may have a valid construction defect claim.
See why Colorado homeowner associations choose Hearn & Fleener.
Successful Case Results.
Our Results.
Every HOA community is unique with different builders, different defects, different financial pressures but our commitment to maximizing recovery for every client remains constant. The following are real results we have achieved for Colorado HOA communities. In each case, the association paid nothing out of pocket, and the funds recovered were used entirely for permanent repairs.
Our Case Results Speak for Themselves
See how we’ve helped Colorado HOA’s.
Broomfield.
A 98-home condominium community in Broomfield discovered leaking flat roofs, failing concrete, and improperly constructed balconies and the national builder refused to provide any assistance. Hearn & Fleener documented the defects, worked with the community to authorize a claim, and navigated mandatory arbitration to secure an $8.5 million award, significantly more than the builder had been willing to offer. The funds allowed the association to make lasting repairs without a single special assessment.
Condominium community.
$8.5 million award.
A community restored.
Leaking roofs, failing concrete & balconies.
A solid foundation makes for a solid building.
Denver Tech Center.
A high-end condominium community in the Denver Tech Center with ground-level retail space was experiencing extensive flat roof failures and dangerous conditions in its subterranean parking garage. When settlement negotiations stalled, Hearn & Fleener took the case to trial and secured a $6 million jury verdict for the HOA, a result the builder's attorneys never expected.
High-end condominium community.
Roof & parking garage failures.
Trial verdict.
$6 million award.
Lasting repairs.
Rebuilding a community to last.
A Story to Tell.
Behind every result is a community that avoided special assessments, restored their property values, and held a negligent builder accountable without paying a dollar out of pocket.
Colorado Springs.
An 80-home stucco rowhome community of retirees in Colorado Springs was dealing with serious trip hazards in common areas, widespread waterproofing failures, and inadequate insulation throughout the development. Hearn & Fleener resolved the case with a substantial confidential settlement within 18 months, fully funding the repairs the builder had refused to make.
Rowhome community.
Widespread waterproofing failures.
Community-wide tripping hazards.
Confidential settlement.
Fully funding your community repairs.
Decades of Experience.
These results are not outliers. They represent four decades of consistent success holding Colorado builders accountable and recovering the funds communities need to make critical repairs.
Aurora.
A townhome community in Aurora was experiencing severe foundation heaving and warped framing throughout the development, the direct result of the builder's failure to properly prepare and manage the highly active clay soils beneath the site. Hearn & Fleener proved the builder's negligence and secured $12 million for the HOA to install stabilizing supports called micropiles and make permanent structural repairs across the entire community.
Townhome community.
Heaving foundations.
Warped framing.
$12 million award.
Structural repairs for the community.
Rebuilding from the foundation.
Fully funded repairs.
Ask us Anything.
When you are ready to find out what we can do for your community, we are ready to help.
Golden.
After repeated water intrusion reports from residents of a community in Golden, Hearn & Fleener's forensic team uncovered missing flashing and weather barriers concealed behind the development's stone veneer cladding. Armed with that evidence, we compelled the developer to settle out of court, fully funding an exterior remediation project before further wood rot could spread through the community's framing.
Failing weather barriers.
Rotting exteriors.
Confidential Settlement.
Stopping the spread of the damage.
Keeping the elements out of your building.
Recognizing a potential defect is one thing. Proving it is another, and that is where our proven four-step process comes in.
Take the First Step in Protecting Your Community.
Hearn & Fleener
Construction Defect Experts.
Timing matters in a Colorado HOA construction defect claim.
Colorado sets two firm deadlines for these cases, one counted from when the problem is discovered, and a final cutoff counted from when construction was finished.
Once those deadlines pass, a community can lose the right to pursue a claim, even when the builder is clearly at fault. Because that final cutoff often starts the day construction was completed, not the day a problem appears, waiting to ‘see if it gets worse’ can quietly run out the clock.
The good news: getting started costs your community nothing. One call sets our free four-step investigation in motion and gives your board the facts, the legal analysis, and clear recommendations to make a fully informed decision. You’ll know exactly where you stand and what your options are before committing to anything.
Your HOA Deserves Answers. We'll Provide Them, Free.
Whether your community is clearly showing signs of construction defects or you just aren’t sure, we’re glad to take a look. Contact Hearn & Fleener to set up your free, confidential inspection and report.
No cost, no obligation, no special assessments, and no risk to your reserves. Just experienced Colorado HOA construction defect attorneys ready to help your community.