Condominiums, Townhomes & Homeowner Associations

The Voice of Colorado’s Homeowners

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

Colorado Homeowner Association Lawyers

Sullan² Sandgrund, Smith & Perczak, P.C. is one of Colorado’s leading construction defect litigation law firms representing condominium, town home and other multifamily residential homeowner associations.

During the first years of a new residential development’s life, homeowner associations are often controlled by builders and developers whose goal is to minimize making needed repairs. When control is turned over to the residents, the home owners are typically left with both the problems and the repair bill.

Our attorneys have represented thousands of Colorado home owners in lawsuits seeking damages for residential construction defects such as:

• Soil and slope instability and geologic hazards problems
• Real and artificial (EIFS) stucco failure
• Water intrusion and building envelope failures
• Roof failures
• Underground drain failures
• Design errors
• Poor workmanship
• Building material and product failures
• Roadway problems
• Construction material and building product failures
• Failing roads and infrastructure
  

The attorneys at Sullan² Sandgrund, Smith & Perczak, P.C. will work hard with homeowner associations and their consulting experts to try to get construction defects permanently fixed so the problem doesn’t come back. We warn our clients to avoid band-aid or cosmetic approaches that don’t solve the underlying problem if it is reasonably possible to do so.

We advise homeowner associations and individual home owners to attempt to work out problems with builders and developers first. But, after you have exhausted every other reasonable avenue to get them to fix the problem, our law firm can step in and provide assistance.  Our law firm strongly encourages the use of "Plan B" settlement discussions involving round-table meetings of construction experts in an effort to develop a reasonable repair plan to be funded by those responsible for the construction problems.  Homeowner associations and home owners must be careful, however, that the "Plan B" process is not misused to make "band-aid" repairs following inadequate investigation that will come back to haunt the owner years later.  No property owner wants to mistakenly rush into prematurely agreeing to a "Plan B" repair.

We can help homeowner association boards:

• Identify highly qualified and experienced construction experts and engineers to evaluate problems, needed repair alternatives and estimated costs, and, when appropriate, develop "Plan B" repair plans. 
• Communicate the issues and alternatives to association members, in consultation with the association's non-profit association counsel as circumstances dictate.
• Try to negotiate an amicable resolution with the developer without the need for a lawsuit.
• Satisfy Colorado's Construction Defect Action Reform Act's pre-suit "notice" requirements.
• Address members' concerns at unit owner and board meetings before and after suit.
• Help the Board decide whether suit should be brought in its name alone, or whether some individual homeowners should also be named.
• Aggressively and competently pursue a lawsuit to its conclusion as the facts permit, including all appeals and resolution of any insurance coverage issues.
• Draft association member litigation updates.
• Coordinate and schedule unit and grounds inspections by the other sides' experts.
• Deal with emergency repairs while the lawsuit is in process.
• Help the Board explain the status of the lawsuit and proposed settlements to association members.

Our Fee

Nearly all construction defect cases that we agree to work on we handle on a contingency fee basis. This means our attorney time costs our clients nothing unless we make a recovery. Our fee equals a percentage of the recovery we obtain from the builder, developer or other responsible parties. (Under Colorado's ethical rules, even with a contingent fee, the client may be liable for certain court costs.) We try to ensure that after the attorneys’ fees are paid, the home owners have enough money left over to fix the problem. Our goal is to give home owners the house they were promised.

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 several months for the website to be fully updated to reflect these changes.

Learn More:

Get Answers to Frequently Asked Questions About Construction Defects
Representative Construction Defect Cases
Making Headlines: Read news articles about Sullan², Sandgrund, Smith & Perczak, P.C.
How to Choose a Construction Defect Lawyer