Below are short summaries of some of our cases. For confidentiality reasons, some of the descriptions below do not include specific case information. However, please contact us if you would like references. In addition, please note that no two cases are alike and similar results cannot be guaranteed.
Owners in a portion of this Northern Colorado community experienced dramatic settling and large cracks in their homes. Some owners could not open windows or even their front doors. When the builder and the warranty company would not provide repairs or assistance, and after the HOA would not represent them, the group of owners sought legal assistance from Hearn & Fleener.
The team at HF was able to work with the group of owners and provide thoughtful, creative solutions to their situation. Individual owners in the group recevied a confidential settlement proportional to the unique issues in their homes. The claim was resolved in about 19 months.
A 98 home condo community in Broomfield, CO contacted Hearn & Fleener after Century Communities decined to provide assistance when they reported multiple concerns about their leaking flat roofs, concrete issues, and improper balcony construction.
After working with the homeowners to obtain a vote to proceed with a claim, extensive documentation of the construction issues, mediation, and then mandatory arbitration, the community was awarded $8.5 million by the Arbiter to make repairs. This award was significantly more than Century was willing to pay to resolve the dispute. With the funds recovered, the associaiton will be able to make lasting repairs to their assets and ensure the longevity of their homes and community.
This 80 home community in Colorado Springs full of retirees had issues that included improperly installed stucco, inadequate insulation (temperature issues and accoustics), improper soil/sitework, and an assortment of issues related to the waterproofing systems. The flatwork had settled and created trip hazards throughout the community. The buildings also had multiple windows and doors that either would not open or would not stay closed. The homeowners contacted Hearn & Fleener when the builder and warranty representatives became unresponsive to their communications. The firm was able to obtain a confidential settlement within 18 months and continued to work with the community to support the repair efforts by reviewing contracts and identifying priorities.
An older community experienced significant roof leaks after a complete new roof installation (following a hail claim). Hearn & Fleener worked on behalf of the association to negotiate funds to repair and replace the entire system. 2024
A 24 unit rowhome community with four buildings experienced leaks from their roof decks that caused damage throughout the 3-level shared walls. As part of the investigation, issues with the stucco, architectural wood-paneling, and firewalls were also discovered. This community faced further challenges because the legal structure was that of a "party wall community" with no governing entity. Hearn & Fleener worked with every single unit owner to pursue the claims against their builder. In the end, the community was able to work together to negotiate a confidential settlement for each household.
