A bi-monthly snapshot of the Colorado community association world |
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How might this arbitration help your community? |
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The case was filed against Century Communities, Inc., a publicly traded company and one of the largest homebuilders in Colorado, and three of its related corporate entities that acted as the developer, builder and general contractor for the project. Generally, we cannot talk about the results of our construction defect cases because the defendants require all terms be kept confidential to protect their reputations. But this case is different because there was a non-confidential award, and no post-award settlement, so all the findings and details are shareable, with our clients’ consent.
So, what can you learn from this arbitration that might help your community? Never lose sight of the timeline for your communities development. Most of you know there is a 2-year statute of limitations and a 6-year statute of repose for construction defect claims. But what is not always clear, is when the 2 and 6-year terms expire. In this case, the articles of incorporation for Beacon Pointe were filed in 2006, the Declaration was recorded in 2007, the units were built between 2014 and 2016, turnover occurred in 2017 and the demand for arbitration was filed in 2019. Timely action by the association and the association manager helped strengthen the association’s case so ALWAYS consult with an attorney early on about concerns your community is experiencing and never assume it is too late!
Additionally, the right expert witnesses are crucial. The association’s primary engineering expert, retained by Burg Simpson on behalf of our client, spent over 41 days in the townhome community investigating the problems, took over 32,000 photographs and spent at least 4 days testifying. The thoroughness, knowledge and reasoning of the engineer was a significant factor that ultimately led to the arbitrator’s award. You cannot cut corners on experts if you want to do what is right for your community. That is why we hire and advance all costs necessary for the best experts for each of our clients. In this case, the defendant’s experts claimed the cost of repairs were about 75% less than what our experts said they were and what the arbitrator awarded. Win for the association! Experienced attorneys make all the difference.
Mari and the entire Burg Simpson team have handled 100s of arbitrations and trials over almost 300 cumulative years, many of them involving the same defendants. We KNOW how they operate and think! The arbitrator’s award referred to the “cross examination” done by Mari numerous times – showing how important it is for your attorney to be able to attack the other sides witnesses. Also, experienced attorneys make legal arguments that advance your community’s best interests. By pursuing claims against all the relevant Century-related entities, and not just claims against the declarant, Century at Beacon Pointe, LLC, & the association benefitted by having all the assets of Century Communities, Inc. available to satisfy the award. The arbitrator found that Century Communities, Inc. (along with the declarant and the other 2 named LLCs) fully acted as the developer, builder and general contractor for the project.
You do not have to tear apart your entire community! The arbitrator made it clear that intrusive testing is not required on every window, every home, every situation. You do not need to fear that every home will be torn apart if you decide to pursue a defect. Having the right experts who know how much intrusive testing is necessary is the key.
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Helping associations successfully pursue their claims against developers, builders, contractors and others is what we do at Burg Simpson. We know how important and expensive the purchase of a condo, a townhome or a single-family home is, and no one should be forced to live in and accept a new home with serious defects. The homes of the residents in your associations are one of their largest investments and should be protected against negligent construction and repaired at the responsible party’s expense. If you have any questions about the construction of the homes in your association, please give us a call to discuss. (303) 792-5595
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Bon Voyage, Marian!
You Will Be Missed
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After nearly three decades of hard work and service to our clients, Marian Burley has announced her retirement and begun her well-deserved permanent weekend.
She joined us 29 years ago and became an extraordinarily talented trial paralegal. Marian developed the “just do it now” approach to early and organized trial preparation. She orchestrated everything needed for successful trial presentations from exhibit and witness scheduling and preparation, to comfort meals provided during trial that could be easily eaten with one hand while the other hand flipped pages of an upcoming witness outline. “Ugh” you might say, are Mari, Craig, Mike and others now going to head into trial with loose papers falling out of their briefcases and laptops that won’t boot up?? No need to worry. One of Marian’s greatest assets was her fierce desire to teach the next generation of trial paralegals at our firm. At this, she succeeded greatly and has passed the torch to Laura Sherman, Jessica Harmon, Josh Christopher and Ansley Smith.
Now it is time for Marian to celebrate her hard work and accomplishments by spending time with her husband Bob, two children and five grandchildren. She and Bob love to travel and are ready to take advantage of the first available international flights post COVID. Congratulations Marian!
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“Each of you have been a HUGE part of my life and I love you all.”
-Marian
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Welcome Aboard!
Who Is Andrew Hoffman?
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He is the new Marketing Director on Burg Simpson’s Construction Defect Litigation Team! Andrew brings a high level of enthusiasm and passion for developing effective relationships, finding solutions, and providing the support needed for clients to achieve their goals.
His experience stems from a prosperous career in sales, design and marketing most recently as a Region Manager with Monster Energy Company. His time was devoted to leading a field team and growing brand share through sales and marketing to 14 independent distributor sales centers spanning three mid-western states. When asked about his new position, he says “It is an honor to work with our attorneys who are among the best in the business. Burg Simpson’s professionalism, personal approach, and dedication to serving the community association industry is unparalleled and well respected in the industry. It’s a true joy to work with them.”
Andrew is a native Iowan and moved to Colorado with his wife (Rashelle) and 1 ½ year old son (Winston) from Omaha, NE in May of 2020. Utilizing their state and national park passes is a weekly occurrence and certainly fulfills their love of the great outdoors. In addition to spending quality time with his family, Andrew enjoys the challenge of playing golf, guitar, and singing to little Winston! We are excited to welcome Andrew to our team and the value he brings to our firm. Look for Andrew at one of our upcoming events or hosting a CAMICB approved program. His contact information is as follows:
ahoffman@burgsimpson.com
Mobile: (402) 215-7626
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Burg Simpson is a Construction Defect Firm that helps protect the financial assets of Community Associations when they have been impacted by improper construction or faulty products. We pride ourselves on understanding the financial impact that construction defects can have on associations. If you are experiencing a defect, know that we conduct a thorough walkthrough assessment of the property free of charge to the association. We handle major renovations as well as new construction. Give us a call (303) 792-5595
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