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Construction and Product Defect Settlements and Judgments:
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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.
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| 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. |
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RiverGate Lofts Condominium Owners Association v. RiverGate Lofts Partners, LLC, Genex Construction, LLC and Okland Construction Company, Inc.
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Negotiated $26.4 million moisture intrusion, shear wall, sound transmission and structural fill defect settlement for Durango/La Plata County condominium association on behalf of 65 residential and 16 commercial condominium owners. |
| Windmill Creek Association v. Windmill Creek, LLC: |
Achieved $24.3 million moisture intrusion, expansive soil and construction defect settlement for Arapahoe County homeowner association on behalf of more than 320 condominium owners. |
| 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 $25.0 million for Douglas County homeowner association on behalf of over 86 condomium unit owners. |
| Carriage Gate HOA v. Carriage Gate, LLC: |
Negotiated $18.0 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. |
| Dakota Ridge Village HOA v. Markel Homes Inc., DRV-LLC and Michael Markel |
Obtained $8.2 million structural defect and moisture barrier judgment following jury trial for Boulder County condominium association on behalf of more than 98 condominium owners against project developer and developer's owner. Ultimately negotiated $12 million settlement with developer and general contractor and their insurers after bringing insurance coverage lawsuit. |
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Stone Canyon Homeowners Assoc., Inc. v. BCorp Stone Canyon LLC:
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Following several days of trial, concluded $13.0 million leaking siding and articial stone veneer, expansive soil and construction defect settlement for Arapahoe County homeowner association on behalf of more than 282 condominium owners, plus obtained about $1 million in repairs. |
| The Terraces Lawsuit: |
Obtained $12.0 million construction defect settlement for Glenwood Springs condominium homeowner association on behalf of the owners of 104 units. |
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The Ponds at Blue River HOA:
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Obtained $11.7 million construction defect settlement for Summit County homeowner association on behalf of the owners of 84 units. |
| Heritage Greens at Legacy Ridge: |
Obtained $11.67 million jury verdict for damages on negligent construction, negligent misrepresentation, breach of implied warranty and breach of fiduciary duty claims against developer, builder and each of their principals, individually, on moisture intrusion, EIFS and other construction defect claims on behalf of Adams County homeowners association. The case settled while on appeal for $11.75 million. |
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Peterson
v. Mission Viejo Co.:
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Represented the owners of over 1,000 Douglas County homes. Settlement included floor slab repair/replacement program.
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Morello
v. Richmond Homes:
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Represented the owners of over 12,000 Colorado homes. Settlement included six-year floor slab supplemental warranty and ten-year replacement structural warranty programs.
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Colorado Slab-On-Grade Litigation:
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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.
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| Kensington Townhomes: |
Negotiated $8.3 million defective building envelope, window installation, drainage and structral support settlement for the owners of 206 townhomes in Adams County. |
| Chamberblin Heights Homeowners Association, Inc. v. Steele Street, LLC et al. |
Reached $7.35 million construction defect and faulty windows settlement, plus specified repairs, for a Denver unit owners association on behalf of the owners of 57 commercial and residential units. |
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Pine Ridge Townhome Assoc.
v. DKS Aspen Junction LP:
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Obtained $7.5 million construction defect settlement for Eagle County homeowner association on behalf of the owners of 24 units.
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Pinnacle Creek
v. Sovereign Investments:
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Obtained $6.85 million construction defect settlement for Adams County homeowner association on behalf of the owners of 136 units. |
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Haberer
v. Peterson Constr. Co.:
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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.
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Chaney, et al.
v. Cascade Homes:
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Obtained $8.875 million flooring system defect settlement for 30 Douglas County families |
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Village at Horizon Point
v. Beacon Hill Investments:
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Obtained $5.9 million construction defect settlement for Jefferson County homeowner association on behalf of the owners of 52 units.
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Cypress Ridge HOA
v. Colorado Homes & Lifestyles:
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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.
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Baker Commons Condo. Assoc., Inc.
v. ABH Development, Inc.
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Obtained $5.3 million moisture envelope, EFIS and structural defect settlement for 48 residential and 6 commercial condominium unit owner association in Denver. |
| West End Lofts Condominium Owners Association v. Loup Construction Company, Atrium Door and Window Co., et al. |
Obtained $4.0 million moisture intrusion, mold, EIFS and construction defect settlement for Denver condominium association on behalf of the owners of 37 mixed-use residential and commercial units. |
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Green Mountain Landslide:
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Obtained confidential settlement on behalf of 9 families whose homes were rendered uninhabitable or unmarketable due to a landslide in Golden.
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The Township at Dakota
Condominium Owners
Association v. Dakota
Builders, Inc.:
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Obtained $3.8 million construction defect settlement for Boulder County homeowner association on behalf of the owners of 97 units. |
| Highland Court Residence Homeowners Association v. M&R Development, L.L.P., La Western Construction Management, Inc., dba Nicholas Construction, Inc., et al.: |
Obtained $2.9 million construction defect settlement for Denver homeowner association on behalf of the owners of 20 condominium units. |
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Grand Junction Landslide:
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Obtained $1.1 million settlement for 2 families whose home and property were rendered uninhabitable due to a Grand Junction landslide.
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Village Point Townhomes at Breckenridge
v. Wooden Ski Corp.:
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Obtained $3.1 million construction defect settlement for Breckenridge homeowner association on behalf of the owners of 51 units.
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Hoang
v. Monterra Homes:
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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.
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Harmon et al.
v. Storck Dev. Co.:
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Obtained $2.86 million foundation and flooring system defect settlement on behalf of 7 Adams County homeowners.
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| Blair et al. v. Oakwood Building and Development Company, et al.: |
Collected $2.35 million settlement on behalf of 11 sets of Canon City homeowners relating to structural failures. Second lawsuit against builder's insurance company remains pending seeking additional recovery. |
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Townhomes at Coal Creek HOA v. Zeta Constr.:
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Obtained $2.9 million construction defect settlement for Boulder County homeowner association on behalf of the owners of 112 units.
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Century Lofts HOA
v. Nouveau Dev. Co.:
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Obtained $1.95 million construction defect settlement for Denver homeowner association on behalf of the owners of 29 units.
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Louisiana Purchase II HOA
v. Amrepco:
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Obtained $3.65 million construction defect settlement for Arapahoe County homeowner association on behalf of the owners of 65 units.
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| 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. |
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Villa Riva Condominium Assoc.
v. Discovery Place Investments:
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Obtained $1.72 million moisture intrusion, mold and construction defect settlement for Arapahoe County homeowner association on behalf of the owners of 65 units.
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| Buffalo Run Properties Homeowners Association v. Buffalo Run Properties, LLC, et al: |
Secured $1.7 million concrete flatwork, grading/drainage, exterior cladding and detention pond defect settlement for 22-building, 97-unit, Adams County residential development. |
| 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. |
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McCoy v. Sessions:
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Obtained $475,000 jury verdict and judgment for Adams County family due to construction defects. The case settled on a confidential basis after trial.
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Parker v. Carlton Homes:
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Obtained $350,000 jury verdict and judgment on behalf of Jefferson County family. The case settled on a confidential basis after trial.
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| 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, $125 million in payments and repairs. |
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Roads and Infrastructure:
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Cedar Heights Road Lawsuit:
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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.
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Riverbend Subdivision
Irrigation Ditch Lawsuit:
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Obtained over $1.1 million settlement for five sets of Glenwood Springs homeowners whose homes were undermined by a leaking irrigation ditch.
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Commercial Property:
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Baker Commons Condo. Assoc., Inc. v. ABH Development, Inc.
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Obtained $5.3 million moisture envelope, EFIS and structural defect settlement for 6 commercial and 48 residential condominium unit owner association in Denver. |
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PMP Phase II Company,
LLC v. Construction Corp.
of the Rockies, Inc.:
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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.
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| West End Lofts Condominium Owners Association v. Loup Construction Company, Atrium Door and Window Co., et al. |
Obtained $4.0 million moisture intrusion, mold, EIFS and construction defect settlement for Denver condominium association on behalf of the owners of 37 mixed-use residential and commercial units. |
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Arbitration:
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Duffy v. Writer Homes:
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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.
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Personal Injury and Insurance Cases:
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Suit against Ankmar Garage Door Co.:
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Obtained confidential settlement on behalf of Highlands Ranch family whose 2-year old child was killed by descending garage door.
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Suit Against State Farm Property & Casualty Co.:
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Obtained $750,000 settlement for family whose home was destroyed by fire but insurer would not pay for loss.
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Hoang v. Assurance Co. of America and Maryland Casualty Co.:
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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.
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Suit Against Great American Insurance Co., The Travelers Indemnity Co. and The Charter Oak Fire Ins. Co.:
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Obtained reimbursement of $30,000 out of $32,400 in homeowner association attorney fees and litigation costs from three insurers after those insurers refused to provide the association with a legal defense to a lawsuit under their policies. |
| 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. |
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Hildebrand v. New Vista Homes II, LLC v. National Fire & Marine Ins. Co.:
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Secured $500,000 settlement following insurance coverage lawsuit - obtained jury verdict finding that expansive soil damage not subject to insurance policy's subsidence exclusion. Underlying construction defect judgment exceeding $450,000 satisfied. |
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Appeals:
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Hoang, et al. v. Monterra Homes, LLC v. Assurance Company of America and Maryland Casualty Company (reported at 149 P.3d 798):
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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.
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| Hildebrand v. New Vista Homes II, LLC, (reported at 252 P.3d 1159): |
Leading case limiting homeowners' burden of proving construction defect damages, allowing homeowners the right to recover non-economic damages (such as for inconvenience), and limiting the effect of purchase contract disclaimers and exculpatory clauses. |
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Hoang v. Arbess (reported at 80 P..3d 863):
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Landmark Colorado case holding construction company owners and employees personally liable for construction defects.
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A.C. Excavating v.
Yacht Club II HOA (reported at 114 P.3d 862):
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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.
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Ferla v. Infinity Dev. Associates (reported at 107 P.3d 1006):
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Attacked Constitutionality of Colorado’s Arbitration Act as applied to homeowners.
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| Land-Wells v. Rain Way Sprinkler (reported at 187 P.3d 1152): |
Firm's seminal article "The Construction Defect Action Reform Act of 2003," referred to by Colorado Court of Appeals. |
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Eagle Ridge Condominium Assoc. v. Metropolitan Builders (reported at 98 P.3d 915):
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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.
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| Thermo Development, Inc. v. Central Masonry Corporation (reported at 195 P.3d 1166): |
Firm articles "The Construction Defect Action Reform Act" and "Statutes of Limitations and Repose in Construction Defect Cases - Part I," referred to by Colorado Court of Appeals. |
| The Goodyear Tire & Rubber Co. v. Gary Holmes (reported at 193 P.3d 821): |
Supported another law firm with an "amicus" (friend of the court) brief filed on behalf of a homeowner advocacy group in a watershed Colorado case addressing a homeowner's right to recover prejudgment interest on his construction defect damages award. |
| D.R. Horton Inc. v. B&D Foundations, Inc. et al. (reported at 217 P.3d 1262): |
Filed an "amicus" (friend of the court) brief filed on behalf of a homeowner advocacy group in a case concerning a homebuilder's ability to obtain contribution from its subcontractors towards paying a homeowner's construction defect settlement with the builder. |
| Greystone Construction, Inc. v. National Fire and Marine Ins. Co. (reported at 661 F3d. 1272) |
Six law journal articles co-authored by Firm's attorneys referred to in leading federal court decision finding that damage arising from builder's subcontractors' negligent construction is afforded insurance coverage. (Articles can be found on Firm's "Understanding the Law: Firm Publications" page.) |
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