Construction Defect Attorneys.
Serving the gateway to the high country.
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Securing the structural integrity and investment value of Summit County through forensic engineering and zero-risk legal accountability.
The greatest deterrent for an HOA Board or a property owner is the sheer cost of proving a professional builder wrong. Forensic engineering, geotechnical drilling, and thermal imaging can cost upwards of $100,000 just to verify the extent of the damage. Most owners are understandably hesitant to spend their hard-earned reserves on legal "what-ifs." Hearn & Fleener eliminates this financial paralysis.
We assume 100% of the upfront costs and risks associated with the investigative phase. We put our own capital on the line to perform the necessary forensic deep-dives because we are confident that our technical team will uncover the truth behind the builder's shortcuts. You get the answers you need without spending a single dollar of your association’s capital.
Hearn & Fleener’s "No-Risk" Site Inspection & Litigation Report for Owners.
The No-Cost Inspection.
We deploy a team of site inspectors to perform an intensive physical diagnostic of your Silverthorne property at no upfront cost. Utilizing the latest technology, we identify latent building defects such as thermal bypasses and snow-load truss deflection that are often hidden behind your walls.
No-Cost Litigation Report.
Following the audit, we provide a definitive Litigation Determination Report that translates complex engineering failures into clear repair valuations and a risk-reward analysis. This essential tool provides the transparency needed to secure the 65% owner approval mandate, helping your Board align the community and avoid massive out-of-pocket special assessments.
Our Systematic Recovery Process: The Four-Phase Rebuilding Protocol
Navigating a construction defect claim in Summit County requires more than just a legal filing, it requires a surgical, engineering-backed roadmap. Our four-phase protocol is designed to eliminate guesswork and provide the Board or owners with absolute technical clarity. We don't just tell you there is a problem, we provide the scientific "why" and a professional valuation of the "how much." This structured approach ensures that your community is protected from start to finish, providing a clear path to a fully funded restoration.
Onsite Evaluation.
We deploy a specialized team of structural and envelope inspectors to perform an intensive physical diagnostic of your property at no cost, using infrared thermography and borescope technology to uncover hidden moisture and structural defects builders often mask with luxury finishes.
Regulatory Review.
Our team audits original Silverthorne building permits and geotechnical records against mandated city & county codes to pinpoint exactly where developers deviated from engineering requirements to save on material costs, establishing a definitive paper trail of negligence.
Risk Analysis.
We perform a deep-dive audit of the developer’s corporate structure and insurance layers, specifically targeting CGL and "Wrap" policies, to ensure a viable and well-funded recovery path exists before your Board ever commits to a formal legal claim.
Final Report.
We deliver a comprehensive Litigation Determination Report (LDR) via to provide the transparency and data-backed confidence needed to secure the mandated 65% owner approval vote across your entire community.
Why Silverthorne HOAs Trust Hearn & Fleener
Why Keystone HOAs select Hearn & Fleener for their Construction Defect needs.
Hearn & Fleener serves as the definitive Technical Risk-Management Partner for Silverthorne HOAs, providing the institutional "muscle" and forensic infrastructure required to transform structural failures into fully funded restoration projects. We understand that your primary goal is to fulfill your fiduciary duty without depleting your reserves or triggering massive special assessments that alienate your neighbors.
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We provide the dominant legal weight required to force national developers and their insurance carriers to the table, ensuring that high-density Wildernest associations are never intimidated into sub-par settlements.
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We advance 100% of the costs for forensic engineering and thermal imaging, often exceeding $100,000, protecting your community's reserves while we build the scientific evidence required for a successful claim.
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Four of our attorneys are recognized in the The Best Lawyers in America®, providing Colorado developments with a level of peer-vetted authority that forces builders to take your claim seriously.
Representation for the Unique Landscape of the Silverthorne Area.
Silverthorne is a mosaic of different asset types, each with its own unique set of engineering risks and financial goals. A high-density condominium complex in Wildernest faces entirely different structural threats than a brand-new townhome or a custom riverfront estate. We tailor our recovery strategy to the specific needs of each property type, ensuring that whether you are protecting Net Operating Income (NOI) for a commercial asset or preserving personal equity in a private home, the legal outcome aligns with your long-term investment goals. We have the surgical expertise required to handle the diverse architectural landscape of the Blue River Valley.
Providing solutions to your property, no matter the type.
Resort Condominiums.
Focused on avoiding massive special assessments by forcing builder accountability for shared-wall, drainage, and fire-separation defects in new developments.
Custom Estates.
We work to restore property equity by correcting specialized high-altitude engineering errors and failed premium finishes in unique riverside locations.
Local knowledge of Summit County’s building guidelines and laws.
Commercial.
Focused on protecting Net Operating Income (NOI) through the recovery of lost profits and the remediation of systemic mechanical and flat-roof failures.
Apartments.
Maximizing investor yields by aggressively pursuing claims for systemic decay and inferior construction that impacts long-term asset capitalization and exit value.
Colorado’s Top Attorney’s
Why Hearn & Fleener is Silverthorne’s #1 Construction Defect Firm.
Local Knowledge and Dedication.
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In Summit County, the environment serves as both a breathtaking backdrop and a relentless force of structural degradation. Building at 8,730 feet requires an advanced understanding of alpine thermodynamics and geophysics, yet the "fast-build" cycles common in resort development often overlook the specialized engineering required for this climate.
Common construction defects in Silverthorne typically stem from three primary environmental stressors: Extreme Snow Loading, which exerts thousands of pounds of static pressure on roof trusses; Thermal Cycling, where the drastic temperature swings between day and night force building materials to expand and contract until seals fail; and Geotechnical Volatility, where steep mountain slopes and shifting subsurface moisture levels challenge foundation stability.
Common Silverthorne Failures: Navigating Construction Defects
Snow-Load Deflection.
The Defect: Silverthorne roofs must support immense weight; if a builder skips structural blocking or uses under-specified trusses, the roof "deflects," causing interior ceiling cracks and sticking doors.
The Strategy: Our engineers calculate "as-built" load capacity versus 2026 alpine codes to prove the structure is under-engineered, triggering a builder-funded reinforcement plan to restore safety.
Ice Damming.
The Defect: Improper ventilation causes snow to refreeze at the eaves, creating ice dams that force water into walls, leading to invisible mold and rot behind stone veneer or modern siding.
The Strategy: We use infrared thermography to document thermal leaks, holding builders to county and city codes to secure a total system replacement rather than a cosmetic patch.
Flashing Failures.
The Defect: Extreme freeze-thaw cycles exploit shortcuts in vapor barriers, leading to systemic decay often hidden behind luxury finishes until the damage is structural.
The Strategy: We employ non-destructive borescope inspections to expose hidden decay, ensuring your settlement covers a premium, "like-kind" restoration of the asset.
The Hearn & Fleener Advantage: Why Silverthorne Trusts Us
In a unique environment like Keystone, choosing the right legal partner is the difference between a failing asset and a fully funded restoration. Hearn & Fleener is the only firm in Colorado that combines elite forensic engineering infrastructure with a Zero-Risk Financial Model, ensuring that Keystone owners and Boards & owners have the institutional weight to challenge national developers without touching their own reserve funds. We don't just litigate, we deconstruct failures to protect the long-term equity of your mountain investment.
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National developers and luxury builders are represented by elite insurance defense teams. We level the playing field with nearly half a billion dollars in proven recovery leverage. Our reputation for taking complex cases to successful verdicts ensures that when Hearn & Fleener enters the room, builders know they cannot hide behind "normal settling" excuses or intimidating legal delays.
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Serving on a volunteer Board in a high-stakes market like Silverthorne comes with significant legal pressure. We provide the "Forensic Report" and objective engineering data necessary to justify every strategic decision, creating a permanent paper trail of due diligence. This protects individual Directors from personal liability claims, proving they have met the highest standard of care for their community’s structural and financial health.
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We recognize that for many Silverthorne condominium and townhome owners, your property is a vital source of rental income. Our legal strategy is designed to minimize operational downtime. We coordinate with property managers to ensure that forensic testing and eventual restorations are scheduled during "shoulder seasons," protecting your Net Operating Income (NOI) and ensuring your STR permits remain in good standing while we secure the funds for a permanent fix.
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While many firms are quick to settle for a "percentage" of the damage, we base our demands on the current "as-built" reality. We bring our own team of structural and geotechnical experts to every negotiation session, providing the scientific proof that forces builders to fund a Total Restoration Roadmap. Whether it’s a legacy Wildernest association or a new luxury riverfront build, we ensure the settlement covers 100% of the engineering-backed repair scope.
Frequently Asked Questions.
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Under the Colorado Statute of Repose, you typically have an eight-year window from completion to file, but because the Statute of Limitations triggers just two years after you "notice" a leak or a crack, we perform a no-cost audit to track your specific "tolling" dates and protect your right to recovery before the legal window slams shut.
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Builders often prefer "band-aid" fixes using the same sub-contractors who caused the issue, which is why we advocate for Cash-Out Settlements that provide the capital for you to hire independent, mountain-specialized contractors who are answerable only to the Board.
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We prioritize your Net Operating Income (NOI) by coordinating with property managers to design "shoulder season" repair schedules, ensuring that the legal and restoration process causes minimal disruption to your peak rental windows.
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We specialize in Legacy Asset Recovery, tracking down the active Commercial General Liability (CGL) and "Wrap" insurance policies tied to the original construction to ensure that funds remain available for your repairs even if the developer’s office is long gone.
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The cost to the association is zero, as Hearn & Fleener advances 100% of the funds for the forensic engineers and specialized testing required to build your LDR, and we are only reimbursed if we successfully secure a recovery for your community.
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In a market like the Silverthorne, aesthetics are value, and because peeling stone is often a symptom of a failed moisture barrier, we use infrared mapping to prove a performance failure exists, securing funds for a "like-kind" premium restoration.
Curious about what Hearn & Fleener can do for you?
Schedule your no-cost Silverthorne or Summit County property inspection and receive a comprehensive defect report.