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.
These single family homes in Fort Collins were built on large deposits of bentonite, known as Colorado's expansive clays. The homeowners experienced significant damage from these soils as well as water intrusion through the roofs and windows. After several years of legal battles extending up to the Colorado Supreme Court, over $3 million dollars was recovered on behalf of the homeowners association. This case resulted in case law that helped clarify and improve upon homeowners' rights under Colorado law.
Represented twenty individual homeowners in case concerning damages resulting from soil movement. Defendants included neighboring golf courses, mobile home parks and prior developers. Damages included the total destruction of three of the homes. The matter was resolved through an extremely creative settlement which provided for the defendants to fund almost $10 Million to pay for costs, attorneys’ fees, and massive repairs at the site. The settlement was contingent upon contractors being able to complete the work within budgets established during the negotiation.
This claim arose as a result of some basement slabs heaving, water intrusion through the roofs, and problems with exterior decks. The project consisted of 72 single family homes located in Jefferson County. Our team of experts was successful in determining the cause for each of these issues and identifying proper repairs. This case was resolved at the time plaintiffs were resting their case in chief during the trial and resulted in the recovery of more than $2 Million.