Condos & Townhomes

Hearn & Fleener’s attorneys specialize in working with condominium, townhome and PUD communities. When construction is not properly sequenced, supervised, or when inexperienced labor is used, it often results in construction defect. Common issues include water intrusion from roofs and windows, stucco cracks, deterioration or failure of second floor balconies, and interior damage. Condo and townhome projects are generally repaired, maintained and controlled by a homeowners association or management company which brings claims on its own behalf and on behalf of the residents.

Common Issues

  • Water intrusion, especially from roof leaks or improperly installed windows or flashings.
  • Cracks in stucco or siding.
  • Balcony deterioration or failure.
  • Interior damage, including cracks in drywall or sloping floors.

Successful Cases

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.

Large Condo Association

The Board of Directors sought assistance when their management company brought a number of construction concerns to their attention. During the claim process, defects were found in the roofing system, deck system, exterior stucco doors, structural framing, lack of firewalls in the party walls, drainage, fencing and plumbing. Mike Hearn worked with this community after their claim was settled to ensure their repairs were completed on time and properly. 

Maple Leaf Condos

A small community northwest of Denver contacted Hearn & Fleener when they began to experience water intrusion through poorly installed building envelope materials and design. Our attorneys helped them obtain the funds to repair flashings, decks, siding and more.

200 Unit Condo Association

Represented Condominium Association containing more than 200 units. The association contacted our law firm with significant claims about water intrusion through the roofs and windows. From our investigation we also found deficiencies with concrete, drainage, and structural items. Our team of experts presented reasonable and efficient methodologies which eventually resulted in a settlement of approximately $4 Million.

408 Unit Condos

Multi-million-dollar construction defect claim centered around water intrusion through roofs, windows, decks and also involved a claim concerning concrete and structural connections. Litigation moved quickly and all issues were resolved. The terms and conditions of the settlement are required to remain confidential, however, the homeowners are very pleased with the outcome.