//Successful Results
Case Results
Results we’ve achieved for Colorado communities and property owners.
Lofts & High-Rises
Complex, multi-story buildings.
01
Condos/Townhomes
Protecting shared structures.
01
Commercial
Offices, retail, and mixed-use.
01
Apartments
Safeguarding rental properties.
01
Case Results
Browse results by property type below. Past results don’t guarantee a similar outcome. Every case is different.
Homeowners Associations
Funding community-wide repairs.
01
//Reading the Results
Possible Outcomes.
Each result below ends one of four ways. Here’s what each term means.
Outcome
01
Settlement.
An agreement both sides reach, often through negotiation or mediation.
Outcome
02
Jury Verdict.
A decision made by a jury at trial, when a case doesn’t settle.
Outcome
03
Confidential Settlement.
A settlement where the amount stays private, often at the builder’s request.
Outcome
04
Arbitration Award.
A decision made by a private, neutral arbitrator instead of a court.
01 - Homeowner Associations
Results.
HOA communities are at the heart of our practice. These recoveries funded community-wide repairs for Colorado associations.
Past results don’t guarantee a similar outcome. Every case is different.
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Owners in a portion of this Northern Colorado community experienced dramatic settling and large cracks in their homes. Some owners could not open windows or even their front doors. When the builder and the warranty company would not provide repairs or assistance, and after the HOA would not represent them, the group of owners sought legal assistance from Hearn & Fleener.
The team at Hearn & Fleener was able to work with the group of owners and provide thoughtful, creative solutions to their situation. Individual owners in the group received a confidential settlement proportional to the unique issues in their homes. The claim was resolved in about 19 months.
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An older community experienced significant roof leaks after a complete new roof installation (following a hail claim). Hearn & Fleener worked on behalf of the association to negotiate funds to repair and replace the entire system.
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This large HOA comprised of 96 units in 48 duplexes northwest of Denver was suffering from grading and drainage issues, as well as concerns with concrete flatwork and moisture management. Hearn & Fleener successfully settled the claim right before trial, ensuring the HOA and its members can have the peace of mind they deserve.
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In a large-soils and building envelope case, Hearn & Fleener worked with local civil engineers and forensic architectural experts to map the issues and determine root causes of the building failures. After 22 months, the team at Hearn & Fleener successfully recovered approximately $16M on behalf of a HOA consisting of over 120 single family homes.
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These single family homes in Fort Collins were built on large deposits of bentonite, known as Colorado's expansive clays. The homeowners experienced significant damage from these soils as well as water intrusion through the roofs and windows. After several years of legal battles extending up to the Colorado Supreme Court, over $3 million dollars was recovered on behalf of the homeowners association. This case resulted in case law that helped clarify and improve upon homeowners' rights under Colorado law.
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This claim arose as a result of some basement slabs heaving, water intrusion through the roofs, and problems with exterior decks. The project consisted of 72 single family homes located in Jefferson County. Our team of experts was successful in determining the cause for each of these issues and identifying proper repairs. This case was resolved at the time plaintiffs were resting their case in chief during the trial and resulted in the recovery of more than $2 Million.
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These 66 single family homes were built for lock-n-leave convenience. After a short period of time, they began to experience grading and drainage issues, along with asphalt defects and building envelop concerns. The confidential claim resulted in an exceptional outcome that left homeowners with a peace of mind to enhance the peace and tranquility they purchased.
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These 4-plex patio homes were designed with the empty nester in mind, claiming to be one of the premier maintenance-free communities in Northern CO. Unfortunately, with the extensive grading and drainage issues, concrete flatwork failures, roof leaks and the building envelope defects in the community, this was not the case. Hearn & Fleener worked diligently with a team of experts to document these defects and hold the original contractors accountable. The proper repairs were able to be made with a confidential multi-million-dollar settlement returning these patio homes to the owners as the quality maintenance-free retirement community it was intended to be.
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A patio home community north of Denver contacted Hearn & Fleener when they realized their buildings were situated on some of Colorado’s worst bentonite soils. Some of the homes had shifted several inches causing significant damage to interior finishes, pipes and ductwork, basement slabs and balconies. The firm, through their expertise in shifting soils and with the help of some very specialized soils experts, was able to obtain one of the largest repair settlements ever negotiated regarding soils in Colorado history.
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This 80 home community in Colorado Springs full of retirees had issues that included improperly installed stucco, inadequate insulation (temperature issues and accoustics), improper soil/sitework, and an assortment of issues related to the waterproofing systems. The flatwork had settled and created trip hazards throughout the community. The buildings also had multiple windows and doors that either would not open or would not stay closed. The homeowners contacted Hearn & Fleener when the builder and warranty representatives became unresponsive to their communications. The firm was able to obtain a confidential settlement within 18 months and continued to work with the community to support the repair efforts by reviewing contracts and identifying priorities.
02 - Condos/Townhomes
Results.
Condo and townhome claims involve shared walls, common areas, and often several responsible parties. These recoveries funded repairs for Colorado communities.
Past results don’t guarantee a similar outcome. Every case is different.
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A 98 home condo community in Broomfield, CO contacted Hearn & Fleener after a national builder decined to provide assistance when they reported multiple concerns about their leaking flat roofs, concrete issues, and improper balcony construction.
After working with the homeowners to obtain a vote to proceed with a claim, extensive documentation of the construction issues, mediation, and then mandatory arbitration, the community was awarded $8.5 million by the Arbiter to make repairs. This award was significantly more than the builder was willing to pay to resolve the dispute. With the funds recovered, the associaiton will be able to make lasting repairs to their assets and ensure the longevity of their homes and community.
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This high-end DTC condominium community with ground level restaurants and shops pursued the developer for defects including flat roof failures, dangerous balcony conditions, failing concrete and asphalt flatwork as well as structural concerns in the subterranean parking garage. When settlement offers would not cover repairs to the extensive damages this community incurred, Hearn & Fleener took the case to trial where the jury awarded the association $6 million.
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Represented Condominium Association containing more than 200 units. The association contacted our law firm with significant claims about water intrusion through the roofs and windows. From our investigation we also found deficiencies with concrete, drainage, and structural items. Our team of experts presented reasonable and efficient methodologies which eventually resulted in a settlement of approximately $4 Million.
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A small community northwest of Denver contacted Hearn & Fleener when they began to experience water intrusion through poorly installed building envelope materials and design. Our attorneys helped them obtain the funds to repair flashings, decks, siding and more.
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Hearn & Fleener represented an HOA consisting of over 50 townhome units near the town of Erie, Colorado. Defects included problems with the community's grading and drainage as well as water intrusion from the improper installation of roofs, windows, and doors. By working closely with the builder and our local forensic experts, Hearn & Fleener was able to reach a resolution during the notice of claim process. This successfully generated a seven-figure settlement without ever filing a lawsuit.
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This 36 in total, 3- and 6-unit townhome building community integrates economic and social needs with respect to the environment. As the building envelope began revealing moisture management concerns, the homeowners and the HOA reached out to Hearn & Fleener to take action. Although the terms of the claim are confidential; the community and HOA are elated with the outcome our firm secured for them.
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Multi-million-dollar construction defect claim centered around water intrusion through roofs, windows, decks and also involved a claim concerning concrete and structural connections. Litigation moved quickly and all issues were resolved. The terms and conditions of the settlement are required to remain confidential, however, the homeowners are very pleased with the outcome.
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A 24 unit rowhome community with four buildings experienced leaks from their roof decks that caused damage throughout the 3-level shared walls. As part of the investigation, issues with the stucco, architectural wood-paneling, and firewalls were also discovered. This community faced further challenges because the legal structure was that of a "party wall community" with no governing entity. Hearn & Fleener worked with every single unit owner to pursue the claims against their builder. In the end, the community was able to work together to negotiate a confidential settlement for each household.
03 - Apartments
Results.
For apartment owners and investors, construction defects threaten both the building and the income it produces.
Past results don’t guarantee a similar outcome. Every case is different.
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Hearn & Fleener was contacted by the owner of an apartment complex because they were experiencing frequent water leaks through the flat roof system of their new building. During the investigation of this case, it was determined that most of the building's issues were the result of poor and negligent workmanship. Additional issues discovered inlcuded the improper installation of the wrought-iron balcony railings and the deck coatings on the second and third floor walkways. Drainage and other concerns were also addressed.
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Widespread water intrusion through roofing, windows, and decks, along with concerns about concrete quality and structural connections. All claims were resolved through a confidential settlement.
04 - Lofts & High-Rises
Results.
High-rise claims are among the most technical, from exterior cladding failures to water intrusion across many floors.
Past results don’t guarantee a similar outcome. Every case is different.
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Containing more than 800 condominium units, this project was advertised and sold as a very high-end residential building with individual sales prices up to $5 million. The project suffered damages from water intrusion around the EIFS (a form of artificial stucco), water intrusion around the windows, flat roof leaks and ponding and numerous problems with the heating and air conditioning systems.
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Hearn & Fleener represented a large high-rise community in Denver that was experiencing water problems related to the improper design and construction of a capital improvement at their roof-top pool. Hearn & Fleener ultimately recovered $700K allowing the building to repair the failed improvements
05 - Commercial
Results.
Construction defects can disrupt tenants, business operations, and property value. We represent owners of office buildings, retail centers, and mixed-use properties.
Past results don’t guarantee a similar outcome. Every case is different.
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Our firm was contacted by a church to represent them concerning an ongoing construction defect claim against its construction manager and various contractors. Litigation had already existed for approximately four years before our firm was retained. Over the period of one year, our firm was able to re-examine all issues, present new repair methodologies and eventually enter into a global settlement agreement with fifty different parties. The settlement of this case involves repairs being performed by the defense as well as significant cash contributions. The overall settlement value of this case was estimated at $6.5 Million.
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This high-end DTC condominium community with ground level restaurants and shops pursued the developer for defects including flat roof failures, dangerous balcony conditions, failing concrete and asphalt flatwork as well as structural concerns in the subterranean parking garage. When settlement offers would not cover repairs to the extensive damages this community incurred, Hearn & Fleener took the case to trial where the jury awarded the association $6 million.
//Contact
Every case here started with one conversation.
Our first conversation is free and confidential.
Reach Out Early.
Colorado sets deadlines for these claims, so it’s worth asking sooner rather than later.
Start With a Free Inspection.
Our Four Step Process gives you clear answers before you decide anything.
