Hearn & Fleener attorneys Mike Hearn and Michael Matthews recently completed a three-week arbitration against Century Communities relating to construction defects impacting a 98-home condominium association in Broomfield, Colorado, according to an announcement from the firm.
The firm noted numerous witnesses testified to the problems in the community, which included structural defects, improper balcony construction, failing brick facade, concrete defects and waterproofing problems.
Assisting the trial team were attorney Shane Fleener and litigation paralegal Bryce Sheetz, both of whom worked throughout the case and trial.
The arbiter awarded the community more than $8.5 million, exceeding the amount Century was willing to pay to resolve the dispute, according to the firm. With the funds, the association can repair the construction problems impacting its members’ homes and the community.
The community was subject to mandatory arbitration written into the HOA declaration by Century Communities before the community was built. Hearn & Fleener successfully avoided the HOA agreement’s constraints and noted the case’s outcome illustrates why most construction defect claims settle before trial.
Hearn & Fleener represents property owners and community associations when their homes, communities or buildings have construction defects.
“The most important thing is that the association will now be able to perform needed repairs and that the homeowners will not need to foot the bill for the builder’s shoddy work,” said Fleener in a press release.