HOA and Multi-Family Construction Litigation
Multi-family construction defect litigation presents unique challenges due to the size of the claims made and the number of potentially responsible parties on a project. HHMR’s attorneys have extensive experience in defending against construction defect claims brought by HOAs and have been successful in settling some disputes pre-suit, either through the use of joint funding agreements or cash-based settlements. In cases where early resolution efforts proved unwarranted or unreasonable, we have had great success in obtaining outstanding results for our clients through alternative dispute resolution, including arbitration.
Rooted in our experience, we have a deep understanding that Colorado’s existing statutory and case law makes it extremely challenging to defend construction defect claims brought by HOAs and to pass through liability for construction defects to the subcontractors and design professions which caused them. We are continually refining our strategies to overcome some of these difficulties and have the requisite understanding of the nuanced aspects of the law to obtain one favorable result after another.
Another factor that sets HHMR apart from other firms is our aggressive pursuit of defense fees and costs contributions from our client’s additional insured carriers. Because of our understanding of insurance law and attention to detail and tenacity, it is common for the cost of our client’s defense to be shared among all viable AI carriers.
Single-Family Residential Construction Litigation
HHMR’s attorneys have handled numerous single-family residential construction disputes, and understand the legal requirements of the Colorado Defect Action Reform Act of the Homeowner Protection Act of 2007. Fortunately for Colorado’s homebuilders, we see fewer and fewer claims being asserted by single-family homeowners. For those claims that are asserted, HHMR’s attorneys have had repeated success in settling them through Colorado’s statutory notice of claim process. This process is much more effect in the single-family home scenario than in claims asserted by HOAs and we have been able to resolve claims through a variety of creative methods, including agreed-upon repairs, cash settlements, buy-back arrangements, and buy-out arrangements involving the use of salvage buyers.
Builder practices in regard to subcontractor qualification and hiring, building code compliance, inspection procedures, insurance coverage, and use of written contracts and change orders are all carefully scrutinized by our attorneys when a dispute arises. Based on the lessons learned through litigation, HHMR’s attorneys regularly provide risk management services and litigation avoidance training for construction professionals.