Custom Homes

The attorneys at Hearn & Fleener have represented a significant number of custom home owners. These homes tend to be located in very expensive gated communities or unique places like the side of a mountain, where the cost of construction and expectation of quality are high. However, even after spending extremely high sums for the construction of these beautiful homes, certain issues can arise. Typical issues may include improper flashing around wood windows, poor flashing around exterior balcony decks, improper installation of tile roofs, and improper installation of windows. Due to the high end nature of the finishes, the cost of repairs to custom homes is typically exorbitant.

Common Issues

  • Shifting soil and foundation issues.
  • Water intrusion from improper flashing installation.
  • Deterioration or failure of decks.
  • Improper installation of high end finishes including tile roofs and windows.

Successful Cases

High-End Single-Family Community in Cherry Creek

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.

Patio Villa Community- Longmont, CO

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.

Shifting Soils Patio Community

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.