Our Process

Multi-Phase Construction Defect Process

What are construction defects? Construction defect is a term used when identifying areas where builders or contractors failed to comply with approved plans, specifications, applicable codes, manufacturer’s installation instructions or industry standards. These failures then result in damages to property. Defects include any structural issues, shifting foundations, grading and drainage issues, cracks in exterior and interior walls, and leaking windows and doors. Our process begins with a confidential onsite inspection, followed by a meeting with HOA Boards of Directors and homeowners 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 HOA, Board or homeowners.

Phase One

The attorneys at Hearn & Fleener have been fighting for the rights of homeowners for decades, and bring all of that knowledge and experience to each case. For the first phase, a construction consultant performs an examination of all buildings and surrounding areas of the property. Our consultants have a complete understanding of construction, standards and Colorado code, and will identify any areas of defect.


Phase Two

Our second phase includes performing research at the government agency responsible for overseeing the construction. This provides invaluable information concerning the developer, general contractor, subcontractors, codes, plans and dates. Construction defect claims can include any and all of the developers, contractors, subcontractors, suppliers and manufacturers.


Phase Three

The third phase gets into the legal side of things. An initial legal analysis is performed for purposes of identifying the risks and benefits associated with a potential claim. Research of developer entities includes contractor license numbers, any claims against those licenses, the current standing of the corporations involved, and the types of assets currently held. Our team spends countless hours analyzing a legal strategy for each case before a potential construction defect claim is filed.


Phase Four

Our final phase wraps up the other three phases together. The initial investigation, research and legal strategy of a potential construction defect claim is complied into a comprehensive report with recommendations and legal analysis. Hearn & Fleener will provide this report to the owner(s), Board of Directors and/or management company, and will attend Board meetings to present all information. Our complete multi-phase process is presented to Boards, homeowners and management companies at no cost.


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