Representative Cases

The Voice of Colorado’s Homeowners

Sullan2, Sandgrund, Smith & Perczak, P.C.

Denver Construction Defect Lawyers

No lawyer can or should guarantee any particular result because every case is unique and the law affecting the outcome of a case may change over time. Each case must be analyzed on its own merits. For more information on how to better understand the outcome a lawyer obtains in a particular case go to How to Choose a Construction Defect Lawyer.

We promise we will work hard to get the best result we can for you. Here are descriptions of some cases we have handled - many of these cases have been discussed by the media, see The Firm in the News.

Effective October 1, 2007, the firm name changed from Vanatta, Sullan, Sandgrund, Sullan and Smith, P.C.  to Sullan2, Sandgrund, Smith & Perczak, P.C.   Mr. Sandgrund became "Of Counsel" then as well, and Ms. Mari Perczak joined the firm on that date and become a shareholder. It will take a few months for the website to be fully updated to reflect these changes.

In Representative Cases Section:
Construction and Product Defect Settlements and Judgments | Roads and Infrastructure | Commercial Property | Arbitration | Personal Injury and Insurance Cases | Appeals

Construction and Product Defect Settlements and Judgments:

The Summit at Rock Creek
v. D.R. Horton:

Obtained $39.5 million construction defect, foundation and moisture intrusion settlement for Boulder County homeowner association on behalf of the owners of 226 units.

Carriage Gate HOA v. Carriage Gate, LLC: Negotiated $18 million moisture intrusion and construction defect settlement for Arapahoe County homeowner association on behalf of more than 56 condominium owners.  Obtained separate $1.48 million settlement with stucco/EIFS applicator.
The St. Andrews at Plum Creek Condominium Association v. D.R. Horton, Inc. - Denver: On eve of trial, resolved structural defect and moisture intrusion lawsuit for more than $25 million for Douglas County homeowner association on behalf of over 86 condomium unit owners.
Oldach/Outlook Windows:

Obtained $32.5 million in product liability settlements on behalf of the owners of over 12,000 Colorado homes with defective windows.

Peterson
v. Mission Viejo Co.:

Represented the owners of over 1,000 Douglas County homes. Settlement included floor slab repair/replacement program.

Morello
v. Richmond Homes:

Represented the owners of over 12,000 Colorado homes. Settlement included six-year floor slab supplemental warranty and ten-year replacement structural warranty programs.

Colorado Slab-On-Grade Litigation:

Represented the owners of over 2,500 homes built by Falcon Homes, Ryland Homes, Village Homes, Collonade Homes, Writer Homes, Merit Homes and Centex Homes. Settlements included one, six or ten-year floor slab repair/replacement programs. To obtain class action claim information for the Village Homes and Ryland Homes settlements, go to: http://www.coloradomanagement.com/.

The Terraces Lawsuit:

Obtained $12.0 million construction defect settlement for Glenwood Springs condominium homeowner association on behalf of the owners of 104 units.

The Ponds at Blue River HOA:

Obtained $11.7 million construction defect settlement for Summit County homeowner association on behalf of the owners of 84 units.

Pine Ridge Townhome Assoc.
v. DKS Aspen Junction LP:

Obtained $7.5 million construction defect settlement for Eagle County homeowner association on behalf of the owners of 24 units.

Pinnacle Creek
v. Sovereign Investments:

Obtained $6.85 million construction defect settlement for Adams County homeowner association on behalf of the owners of 136 units.

Haberer
v. Peterson Constr. Co.:


Obtained $6.2 million jury verdict and judgment on behalf of four sets of Jefferson County homeowners arising from damage due to Colorado’s deeply dipping bedrock.  The case settled on a confidential basis after trial.

Chaney, et al.
v. Cascade Homes:

Obtained $8.875 million flooring system defect settlement for 30 Douglas County families

Village at Horizon Point
v. Beacon Hill Investments:

Obtained $5.9 million construction defect settlement for Jefferson County homeowner association on behalf of the owners of 52 units.

Cypress Ridge HOA
v. Colorado Homes & Lifestyles:

Obtained $6.1 million bad stucco and construction defect settlement for Colorado Springs homeowner association on behalf of the owners of 126 single-family homes.

Baker Commons Condo. Assoc., Inc.
v. ABH Development, Inc.

Obtained $5.3 million moisture envelope, EFIS and structural defect settlement for 48 residential and 6 commercial condominium unit owner association in Denver.

Green Mountain Landslide:

Obtained confidential settlement on behalf of 9 families whose homes were rendered uninhabitable or unmarketable due to a landslide in Golden.

Other, Confidential Settlements

Many builders and developers insist on strict confidentiality when settling construction defect claims. These confidential settlements, combined with others not reported here, exceed, in the aggregate, $100 million in payments and repairs.

Grand Junction Landslide:

Obtained $1.1 million settlement for 2 families whose home and property were rendered uninhabitable due to a Grand Junction landslide.

Village Point Townhomes at Breckenridge
v. Wooden Ski Corp.:

Obtained $3.1 million construction defect settlement for Breckenridge homeowner association on behalf of the owners of 51 units.

Hoang
v. Monterra Homes:

Obtained $4.5 million jury verdict and judgment on behalf of three sets of Jefferson County homeowners arising from damage due to Colorado’s deeply dipping bedrock.  The Firm then handled an insurance coverage lawsuit against the builder's insurers in an effort to satisfy the judgment, which suit later settled on a confidential basis.  See "Appeals" below.

Harmon et al.
v. Storck Dev. Co.:

Obtained $2.86 million foundation and flooring system defect settlement on behalf of 7 Adams County homeowners.

Townhomes at Coal Creek HOA
v. Zeta Constr.:

Obtained $2.9 million construction defect settlement for Boulder County homeowner association on behalf of the owners of 112 units.

Century Lofts HOA
v. Nouveau Dev. Co.:

Obtained $1.95 million construction defect settlement for Denver homeowner association on behalf of the owners of 29 units.

The Township at Dakota
Condominium Owners
Association v. Dakota
Builders, Inc.:

Obtained $3.8 million construction defect settlement for Boulder County homeowner association on behalf of the owners of 97 units.

Louisiana Purchase II HOA
v. Amrepco:

Obtained $3.65 million construction defect settlement for Arapahoe County homeowner association on behalf of the owners of 65 units.

Park Ave. Lofts Condominium Association v. Atlas Development Corp.:

Negotiated $930,000 construction defect settlement, plus an additional $13,000 in roof repairs, for Summit County condominium association on behalf of 20 residential and 1 commercial unit owners.

Eleven-One-Eleven Condominium Association v. Collins Cos. and Leonard Collins Obtained $2.77 million jury verdict and judgment for defective, retrofitted siding and resulting moisture intrusion for Arapahoe County condominium association.  The Firm followed up with an insurance coverage lawsuit against the siding contractor's three insurers, and the case eventually settled a few months after the jury verdict on a confidential basis. 

Villa Riva Condominium Assoc.
v. Discovery Place Investments:

Obtained $1.72 million moisture intrusion, mold and construction defect settlement for Arapahoe County homeowner association on behalf of the owners of 65 units.

McCoy v. Sessions:


Obtained $475,000 jury verdict and judgment for Adams County family due to construction defects.  The case settled on a confidential basis after trial.

Parker v. Carlton Homes:

Obtained $350,000 jury verdict and judgment on behalf of Jefferson County family.  The case settled on a confidential basis after trial.

Roads and Infrastructure:

Cedar Heights Road Lawsuit:

Obtained settlement valued at over $10.0 million for Colorado Springs homeowner association on behalf of the owners of over 300 single-family homes. Settlement included $6.0 million for road repairs plus the transfer of several hundred acres of land from the developer to the homeowner association dedicated as open space.

Riverbend Subdivision
Irrigation Ditch Lawsuit:



Obtained over $1.1 million settlement for five sets of Glenwood Springs homeowners whose homes were undermined by a leaking irrigation ditch.

Commercial Property:

Baker Commons Condo. Assoc., Inc. v. ABH Development, Inc.

Obtained $5.3 million moisture envelope, EFIS and structural defect settlement for 6 commercial and 48 residential condominium unit owner association in Denver.

PMP Phase II Company,
LLC v. Construction Corp.
of the Rockies, Inc.:

Obtained $1.8 million jury verdict and judgment on behalf of commercial strip mall owner due to structural failures.  The case settled on a confidential basis after trial.

 

Arbitration:

Duffy v. Writer Homes:

Obtained $1.0+ million arbitration award on behalf of 2 families whose homes were wracked by pressure associated with unstable site conditions. The case settled on a confidential basis after the arbitration award issued.

Personal Injury and Insurance Cases:

Haynes v. Ankmar:

Obtained confidential settlement on behalf of Highlands Ranch family whose 2-year old child was killed by descending garage door.

Carosa v. State Farm:

Obtained $750,000 settlement for family whose home was destroyed by fire but insurer would not pay for loss.

Hoang v. Assurance Co. of America and Maryland Casualty Co.:

Obtained $4.5 million judgment on behalf of three families against their homebuilder's insurers.  The ensuing insurance coverage lawsuit later settled on a confidential basis. See also "Appeals" below.

 Giorgetta v. RMG Engineers Obtained $217,500 settlement from engineering company defendant's errors and omissions insurer above and beyond approximate $100,000 policy limit based on contention insurer mishandled claim.

Appeals:

Hoang, et al. v. Monterra Homes, LLC v. Assurance Company of America and Maryland Casualty Company:

Succeeded in persuading the Colorado Supreme Court to overrule an earlier decision and declare that liability insurance coverage for construction defects is not voided as to home buyers who purchase previously-owned homes.

Hoang v. Arbess:

Landmark Colorado case holding construction company owners and employees personally liable for construction defects.

A.C. Excavating v.
Yacht Club II HOA
:

Supported another construction defect law firm with an “amicus” (friend of the court) brief filed on behalf of homeowner advocacy group in leading Colorado case holding that subcontractors owe a legal duty to homeowners to do their work properly. Firm article “The Construction Defect Action Reform Act ” and book chapter referred to in opinion.

Ferla v. Infinity Dev. Associates:


Attacked Constitutionality of Colorado’s Arbitration Act as applied to homeowners.

Eagle Ridge Condominium Assoc. v. Metropolitan Builders:

Firm’s ground-breaking article “When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?” referred to by Colorado appellate court in case brought by another construction defect law firm.

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”


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