We Have Solid Construction Defect Experience
Construction defect laws can be very complex and generally involve several
different parties. Our Longmont construction attorneys at Jorgensen, Brownell
& Pepin, P.C. have substantial experience both prosecuting for and
defending clients against claims for construction and housing defects.
Usually the matter will involve compliance with the mandatory procedures
of the CDARA, Construction Defect Action Reform Act, various Statutes
of Limitations, and possibly the Colorado Trust Fund Statute. Often the
matter will involve actions against insurers in one capacity or another.
Poor Contractor Performance
Hold your general contractor and their subcontractors and materialmen responsible
for their substandard or unfinished work through effective coercive techniques
including anticipatory breach, coverage and delay damages. Use the Power
of CDARA (Construction Defect Action Reform Act) to put the contractor
on statutory notice of your claim and start the ticker on the litigation process.
Mechanic's liens are over blown as an effective means of collection. Let us show you how
to press on regardless and simply wait out the short limitations period.
Where immediate interference with financial transactions arises from a
mechanics lien, our experienced attorneys can show you how quick and easy
it is to bond over or insure around the lien.
Quickly Resolve Subcontractor & Materialmen Mechanic's Liens
When you have paid the general contractor and yet your home gets hit with
a subcontractor or materialmen's mechanic's lien, let me put you
on the offensive - forcing the general contractor and its decision making
individual employees through the trust fund statute to pay the unpaid
subcontractor and indemnify you with treble damages, attorney's fees,
and bankruptcy proof judgments.
Expansive Clay Soil & Foundation Damages
Colorado's Front Range has some of the worst soils for foundation construction.
We estimate that one out of ten homes has an inappropriate foundation.
In order to avoid the cost of piers drilled down into the bed rock, builders
have for years used and continue to use spread or floating footers at
the base of the basement walls. Often they attempt to remedy direct contact
with expanding bentonite and or claystone by a technique called over digging
with compacted fill. The idea is that the house will float up and down
evenly on the expanding sub-material but often disaster strikes. Either
the fill is not properly compacted, the movement is not even because of
differing saturation rates of the sub-material, or the over digging creates
a big bathtub that collects water that overwhelms the parameter drainage
and or sump systems. Excessive cracking and especially drywall or foundation
wall cracking in a horizontal direction bodes poorly for the life of the
The impermeable clays allow subsurface water to plateau on shallow layers
creating a false or suspended local water table. This condition is not
usually detected in normal drill test wells because the shaft of the well
itself works as a conduit for the water to escape higher strata and join
the permanent water table. Localized and extreme changes in the suspended
water table can occur in the spring with subdivision and or nearby agricultural
irrigation or supply ditches. Bathtub (over dug and compacted fill) basements
are effected the most severely. Foundation walls are only engineered to
withstand the weight of the outside soil when the soil is dry.
When foundation walls are subjected to the pressure of wet surrounding
material the walls:
- Bend with the seasons
- Crack and leak
Slips & Falls Are Usually Caused By a Construction or Maintenance Defect
If you have a slip and fall on ice or stairs or even suffer burns from
a fire - you may not be dealing with a problem that the normal personal
injury attorney understands. The party at fault may not be readily apparent
as it is in the normal auto accident and the approach to the case will
require experience with construction not simply negotiation with insurance
carriers. We have the knowledge to handle serious injuries resulting from
defective construction or maintenance.
The Best Tips & Advice Possible
When you see evidence of any construction defect, call our firm to have
it analyzed immediately. Construction defects are usually common law warranty
issues which have a six-year statute of repose, but dangerous recent case
law holds that a two-year statute of limitations begins to run at the
very first sign of a defect no matter how insignificant.
Usually, in just a few minutes, we can make recommendations on the steps
necessary to make sure that the issue is appropriately addressed. We maintain
a staff of well-respected experts in all construction disciplines, who
are trial hardened and who will efficiently and accurately analyze your
problem and render rock solid opinions of the causes and cures for even
the most complicated mis-construction.
Don't Trust the Seller of a Home - Get Professional Inspections Completed
Over the years, we have sued lots of so called professional inspectors
who have left our clients hanging on a home purchase. Many have been franchise
operations, some have had impressive certifications, while others claim
to be professional engineers. We are always happy to refer you to certified
inspectors we have learned to trust and who understand that our referrals
need to be held to the highest standards. Amazingly, recent Colorado appellate
case law holds that sellers under the standard Colorado real estate contract
are not responsible in tort for fraud conducted during the inspection
period. Let us help you avoid the pitfalls and traps set up by unscrupulous
sellers and contractors. Our experienced attorneys can help you determine
which problems are minimal and which are pending disasters.
In Trouble? Jorgensen, Brownell & Pepin, P.C. Can Still Help.
Over the years we have developed a cadre of experts in all areas of
construction ready to review and opine on the most efficient fixes or indicators of
other's malfeasance. We have developed techniques and standardized
systems of case management and client advise for the most efficient and
effective litigation possible. We have skilled associate and paralegal
staff with actual building experience, not just book experience. At Jorgensen,
Brownell & Pepin, P.C., our lawyers are prepared to conduct an in-depth
examination of your claim and work quickly and effectively to make sure
your case is resolved fairly.