Case
Results.

Shifting soils, inadequate flashing, and grading and drainage problems were hiding inside what looked like a simple townhome community. Hearn & Fleener uncovered the root causes and recovered $18.8 million for the community.

In a large soils and building envelope case, Hearn & Fleener worked with local civil engineers and forensic architectural experts to map the issues and determine root causes of the building failures. After 22 months, the team successfully recovered approximately $16M on behalf of an HOA of over 120 single-family homes.

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. It suffered water intrusion around the EIFS (a form of artificial stucco) and windows, flat roof leaks and ponding, and numerous problems with the heating and air conditioning systems.

A 98-home condo community contacted Hearn & Fleener after a national builder declined to help with leaking flat roofs, concrete issues, and improper balcony construction. After an owner vote, extensive documentation, mediation, and then mandatory arbitration, the community was awarded $8.5 million, significantly more than the builder was willing to pay.

A church retained our firm after litigation against its construction manager and contractors had already run about four years. Within a year we re-examined every issue, presented new repair methodologies, and reached a global settlement with fifty parties, combining repairs by the defense with significant cash contributions, valued at about $6.5 million.

This high-end DTC condominium community with ground-level restaurants and shops pursued the developer for flat roof failures, dangerous balconies, failing concrete and asphalt, and structural concerns in the parking garage. When settlement offers wouldn’t cover repairs, Hearn & Fleener took the case to trial, where the jury awarded the association $6 million.

The association contacted us with significant water intrusion through roofs and windows. Our investigation also found deficiencies with concrete, drainage, and structural items. Our experts presented reasonable, efficient repair methods that resulted in a settlement of approximately $4 million.

These single-family homes were built on large deposits of bentonite, Colorado’s expansive clay, and suffered soil damage plus water intrusion through roofs and windows. After years of legal battles reaching the Colorado Supreme Court, over $3 million was recovered, and the case produced case law that clarified homeowners’ rights under Colorado law.

Basement slabs heaving, roof leaks, and problems with exterior decks across 72 single-family homes. Our experts determined the cause of each issue and the proper repairs. The case resolved as plaintiffs were resting their case at trial, recovering more than $2 million.

A small community northwest of Denver had water intrusion through poorly designed and installed building envelope materials. Our attorneys helped them obtain the funds to repair flashings, decks, siding and more.

The owner of a new apartment complex had frequent leaks through the flat roof. Our investigation found most issues came from poor workmanship, plus improperly installed wrought-iron railings and deck coatings on the second- and third-floor walkways. Drainage and other concerns were also addressed.

A large Denver high-rise had water problems from the improper design and construction of a capital improvement at its rooftop pool. Hearn & Fleener recovered $700K, allowing the building to repair the failed improvements.

Built on some of Colorado’s worst bentonite soils, some homes had shifted several inches, damaging finishes, pipes, ductwork, slabs and balconies. With specialized soils experts, we obtained one of the largest soils repair settlements ever negotiated in Colorado.

Marketed as premier maintenance-free 4-plex patio homes for empty nesters, the community had extensive grading and drainage issues, concrete failures, roof leaks and envelope defects. A confidential multi-million-dollar settlement funded the repairs.

This 80-home retiree community had improperly installed stucco, inadequate insulation, poor sitework, waterproofing problems, settled flatwork, and windows and doors that wouldn’t open or close. We obtained a confidential settlement within 18 months and supported the community through repairs.

Sixty-six lock-and-leave single-family homes developed grading and drainage issues, asphalt defects and building envelope concerns. The confidential claim resulted in an exceptional outcome for the homeowners.

A 96-unit HOA of 48 duplexes northwest of Denver suffered grading and drainage issues, concrete flatwork problems, and moisture management concerns. Hearn & Fleener settled the claim right before trial.

Owners saw dramatic settling and large cracks; some couldn’t open windows or front doors. When the builder, warranty company, and HOA wouldn’t help, the owners came to us. Each received a confidential settlement proportional to their home’s issues, in about 19 months.

An older community had significant roof leaks after a complete new roof installation following a hail claim. We negotiated funds to repair and replace the entire system.

Over 50 townhomes with grading and drainage problems and water intrusion from improperly installed roofs, windows, and doors. Working with the builder and our forensic experts, we reached a seven-figure settlement during the notice of claim process, without ever filing a lawsuit.

A multi-million-dollar claim centered on water intrusion through roofs, windows and decks, plus concrete and structural connections. Litigation moved quickly and all issues were resolved.

As the building envelope revealed moisture management concerns, the homeowners and HOA reached out. The terms are confidential; the community is elated with the outcome.

A 24-unit rowhome community had roof deck leaks damaging three-level shared walls, plus stucco, wood paneling, and firewall issues. As a party-wall community with no governing entity, we worked with every owner to negotiate a confidential settlement for each household.

Widespread water intrusion through roofing, windows, and decks, along with concerns about concrete quality and structural connections. All claims were resolved through a confidential settlement.