There was an explosion of commercial building construction in Colorado from 2003 to 2008. While many attorneys only consider construction defects in residential property, Hearn & Fleener also specializes in representing commercial property owners.

Damages to commercial buildings usually result from inadequate and improper design and construction. These claims are dealt with similarly to residential construction defect claims. Construction defects typically include cracking of stucco, water intrusion through the roofs and windows, front doors that don’t properly open and close, slabs moving, concrete sidewalks heaving and settling, and failing asphalt parking areas.

Commercial buildings include the following:

- Office Buildings
- Industrial/Warehouse Property
- Medical Centers
- Hotels
- Retail Malls
- Retail Stores
- Mixed Use Commercial and Residential Space

Common Issues

  • Water intrusion, especially from roof leaks or improperly installed windows or flashings.
  • Improperly installed or failing flat or low slope roofs.
  • Cracking and failing asphalt parking lots.
  • Lost profits

Successful Cases

Church Property

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.

Vallagio North

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.