Major Arbitration Award
Posted on October 25, 2024 by Danielle HolleyOctober, 2024
Attorneys Mike Hearn and Michael Matthews recently completed a three-week arbitration against Century Communities relating to construction defects impacting a 98 home condominium association in Broomfield, CO. This complex case was an endurance test that lasted the full scheduled three weeks. Numerous witnesses testified to the problems in the community, which included structural defects, improper balcony construction, failing brick facade, concrete defects, and waterproofing problems.
Assisting the trial team were attorney Shane Fleener and litigation paralegal Bryce Sheetz, both of whom worked tirelessly throughout the case and trial.
The Arbiter awarded the community over 8.5 million dollars, far exceeding the amount Century was willing to pay to resolve the dispute. With the funds recovered, the association will now be able to perform the repairs needed to fix the serious construction problems impacting their members’ homes and the community.
This community was subject to mandatory arbitration that was written into the HOA declaration by Century Communities before the community was ever built. In situations like this, homeowners and associations may have fewer rights than they would otherwise. Thankfully, Hearn & Fleener successfully avoided those constraints. The Association’s successful outcome illustrates why most construction defect claims settle before trial.
When there are construction defects in a home that impact its functionality and longevity, a homeowner or a homeowner’s association has the right to recover the “reasonable cost of repair” from the original builder(s). A home is often a person’s biggest investment. Hearn & Fleener’s team works daily with property owners and associations to protect those investments and to ensure the homes we work with are repaired and held to the basic standards set forth for all homes in Colorado.
“All they had to do was build it right the first time, or fix their mistakes, and this entire thing could have been avoided.” Michael Hearn
“The most important thing is that the association will now be able to perform needed repairs and that the homeowners will not need to foot the bill for the builders' shoddy work.” Shane D. Fleener
Hearn & Fleener is a Colorado law firm that represents property owners and community associations when their homes, communities or buildings were built incorrectly or are suffering from construction defects. Mike Hearn, Shane Fleener and their team have successfully represented thousands of property owners throughout Colorado with the mission of holding builders responsible for their improper construction so that property owners aren’t forced to pay for repairs themselves. After claims are resolved, Hearn & Fleener also continues to assist their clients during the repair phase of the process.
If you are concerned about construction defects, call or email Hearn & Fleener at 303-993-6835, info@hearnfleener.com