Attorney Profiles

Scott F Sullan 
Denver, Colorado
Attorney and Shareholder
phone (303) 779-0077
fax (303) 779-4924
email Email Me

Scott Sullan has handled many of the largest and most important construction defect cases for Colorado homeowners since 1994. In 2006 and 2007 he was selected a "Colorado Super Lawyer."  This selection is based on a survey conducted by Law & Politics, and is published annually in April in a special advertising section in 5280 Magazine.  The purpose of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and interested consumers in search of legal counsel. In 2007, Mr. Sullan was the only Colorado lawyer who primarily represents homeowners and homeowner associations given Chambers & Partners' highest rating, which legal publisher described him as "the absolute best on residential construction defects." 

Leading Colorado newspapers have described Mr. Sullan as "one of those truly ethical and fair-minded attorneys who bring honor to an often maligned profession" and a "nationally-prominent litigator who is the scourge of the homebuilding industry".  Another newspaper headlined Mr. Sullan as: "The Legal Bane of Homebuilders."

One Denver paper observed that: "Some builders settled quickly after watching Sullan at work in 1996.  During the trial, officials with Richmond Homes told Sullan they wanted to settle a separate class-action case he had filed on behalf of 12,300 Richmond homeowners.  He tried Mission Viejo by day and negotiated with Richmond by night. In June 1996, Richmond agreed to pay Sullan's firm $1.9 million and to spend tens of millions more to remedy problems."

Mr. Sullan's work led to the following news headlines in 2005:

  • "Builder Okays $39 Million End to Suit: largest settlement of construction defects lawsuit in Colorado history."
  • "Lawsuit Over Defects in Condos Resolved: D.R. Horton, the Texas-based home-building titan, has paid a record $39.5 million settlement to resolve a defective-construction lawsuit brought by condo owners."
  • "Firms Will Pay $32 Million to Settle Suit Over Windows" 
     
    Scott Sullan was born in Evanston, Illinois 1953. He attended the University of Colorado where he graduated cum laude in 1975. He then attended law school at the University of Southern Illinois , obtaining his degree and graduating cum laude in 1979. While in law school he was a member of the Board of Editors of the Southern Illinois University Law Journal and was President of the Moot Court board. He was also a member of the National Order of Barristers and National Client Counseling Team.

    After graduating from law school, Mr. Sullan clerked for the Honorable Ralph H. Coyte of the Colorado Court of Appeals. He has practiced civil litigation law in Colorado since 1979.

    Mr. Sullan focuses construction and materials defect (and related insurance coverage) litigation. He has been lead counsel in eleven different class action suits against some of Colorado's major home builders and product suppliers. He was lead counsel for a 1,600-person class of homeowners in a successful class action tried in Douglas County, Colorado in 1996. He also has handled hundreds of construction defect cases involving a variety of subjects including expansive and settling soils, landslides, faulty construction materials and products, architectural and engineering design defects and improper construction. Mr. Sullan is one of Colorado's best-known lecturers regarding construction litigation, and he has co-authored with Ron Sandgrund the only books dealing exclusively with Colorado construction defect litigation, the most recent editions of which books were published in 2007.

    Mr. Sullan frequently presents continuing legal education courses to other lawyers.  Mr. Sullan testifies often on behalf of homeowners before Colorado's legislature, and he has helped draft laws affecting homeowner interests.  Mr. Sullan was one of the driving forces behind the Homeowners Protection Act of 2007, House Bill 1338.   He met with legislators, citizens and newspaper editors to answer their questions regarding the blanket waiver of legal rights that much of the residential building industry has been putting in home purchase contracts.  House Bill 1338 limits such waivers and preserves for homeowners the basic, legal rights the building industry agreed to when it lobbied for passage of the Construction Defect Action Reform Act in 2003. H.B.1338 became Colorado law on April 20, 2007..

    Mr. Sullan is married with three children. All five are avid skiers and involved with U.S. junior ski events.

    • Year Joined Organization:
    1979
    Areas of Practice:
    Construction and Material Defect
    Insurance Coverage Litigation
    Education:
    Southern Illinois University School of Law, Carbondale, Illinois, 1979
    Honors: President, Moot Court Board
    Honors: Member, National Order of Barristers and National Client Counseling Team
    Honors: Member, National Client Counseling Team
    Law Journal: Southern Illinois University Law Journal, Member, Board of Editors


    University of Colorado, 1975
    Honors: Cum Laude


    Published Works:
    Colorado Residential Construction Law (Denver 2008, 2nd edition) (updating 2005 1st edition), co-author with Ron Sandgrund


    Robert Benson, Practitioner's Guide to Colorado Construction Law, Residential Construction (Chapter XIV) (Denver 2007) (replacing 1999, 2001, 2003 and 2005 editions), co-author with Ron Sandgrund


    Residential Construction Defect Litigation (Seattle 2000), co-author with Ron Sandgrund


    Crossing the Separation of Powers Threshold: Legislative and Regulatory Control of Expert Witness Testimony, The Colorado Lawyer, Vol. 37, No. 5, 2008


    Useful Life Evidence in Construction Defect Cases, The Construction Lawyer (Amer. Bar Assoc. Forum on the Construction), Vol. 27, No. 3, 2007


    The Homeowner Protection Act of 2007, The Colorado Lawyer, Vol. 36, Iss. 7, 2007


    Yacht Club II: Charting the Shoals of the Economic Loss Rule, Trial Talk, August-September, 2005


    Homebuilder Liability for Subcontractor Negligence - Part II, The Colorado Lawyer, Vol. 34, No. 7, 2005


    Homebuilder Liability for Subcontractor Negligence - Parts I, The Colorado Lawyer, Vol. 34, No. 6, 2005


    Statutes of Limitations and Repose in Construction Defect Cases - Part II, The Colorado Lawyer, Vol. 33, No. 6, 2004


    Statutes of Limitations and Repose in Construction Defect Cases - Part I, The Colorado Lawyer, Vol. 33, No. 5, 2004


    The Construction Defect Action Reform Act of 2003, The Colorado Lawyer, reprinted nationally in Mealey's Litigation Reports (Construction Defects), Vol. 32, No. 7 ,2003 and Vol. 20, p.205, 2004


    Duty to Disclose Latent Defects When Selling a Home, National Business Institute, 2003


    The Construction Defect Action Reform Act, The Colorado Lawyer, Vol. 30, No. 10, 2001


    Classes/Seminars Taught:
    "Construction Defect Litigation", CAI Fall Conference, 2004


    "Construction Defect Claims in Colorado", Lorman Education Services, 2004


    "Expansive Soils: Beyond the Basics", Construction Law Conference, CLE of Colorado, 2004


    "Consumer Arbitration", University of Denver, College of Law, 2004


    "Construction Defect Claims in Colorado", Lorman Education Services, 2004


    "Construction Defect Action Reform Act of 2003", Colorado Municipal League, 2003


    "Annual Spring Real Estate Update: Overview of Mold in Colorado", CLE of Colorado, 2003


    "Construction Law and Litigation, Expansive Soils: Understanding the Risks, Litigation Strategies and Case Studies", CLE International, 2003


    "Residential Construction, A Brave New World", CLE of Colorado, 2003


    "New Construction Purchase Agreement: Getting Burned by the Boilerplate - Warranties, Disclaimers, Arbitration Clauses and Other Hot Spots", 19th Annual Real Estate Symposium, 2001


    "From Construction Defects Through Reconstruction,", CAI Fall Conference, 2000


    "Sifting Through Soils Reports: How to Identify Issues Concerning Expansive Soils and Slope Stability", CLE of Colorado, 2000


    "Getting the Best Results for Construction Litigants Through the Smart Use of ADR", CLE of Colorado, 1999 - Present


    "Colorado Construction Law", 1999


    "The Real Truth About Mediation: A Mock Mediation with Commentary", CAI, 1999


    "Residential Construction Defects Attributable to Geologic Hazards", Colorado Defense Lawyers Association, 1998


    "High Stakes Games - Construction Defect Claims", CAI Spring Conference, 1998


    "Expansive Soils Cases", CAI, 1997


    "Shifting Sands", 15th Annual Real Estate Symposium, 1997


    "Expandable Soils: A Primer for Real Estate Lawyers", Real Estate Topical Luncheon, 1996


    "The Mission Viejo Class Action: A New Perspective on Trying Mass Tort Claims", 1996


    Past Employment Positions:
    Hon. Ralph H. Coyte, Colorado Court of Appeals, Clerk

    Serving home owners and homeowner associations in Metro Denver and on the Front Range, in the High Country and along the Western Slope of Colorado, including Denver, Colorado Springs, Boulder, Fort Collins, Littleton, Broomfield, Centennial, Grand Junction, Glenwood Springs, Brighton, Vail and Aspen and Jefferson, Douglas, Arapahoe, Boulder, Weld, Adams, Grand, Mesa, Mineral, Eagle, Garfield, Animas, Summit and El Paso counties.

    “Because each person’s situation is unique, and the law is constantly changing, please do not rely on anything in this Website as legal advice. To understand your legal rights you must speak directly to a lawyer about your problem. Read our complete disclaimer”


    Copyright 2008    .    Sullan2, Sandgrund, Smith & Perczak, P.C.    .    All rights reserved.

    Vanatta, Sullan, Sandgrund, Sullan & Smith, P.C. - Construction Defect Litigation