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.
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.
Containing more than 800 condominium units, this project was advertised and sold as a very high-end residential building with individual sales prices up to $5 million. The project suffered damages from water intrusion around the EIFS (a form of artificial stucco), water intrusion around the windows, flat roof leaks and ponding and numerous problems with the heating and air conditioning systems.
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.
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.
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.