Project Type


Condominium and townhomes are also referred to as multi-family projects. Our firm has represented more than 300 condo and townhome projects. Typical concerns are water intrusion from roofs and windows, stucco cracks, deterioration or failure of second floor balconies, and interior damage. These projects generally are repaired, maintained and controlled by a homeowners association which brings claims on behalf of the unit owners.

Most residential high rises are considered condominium projects. However, the firm considers them a specialized product type given their unique construction elements.

High Rise

Proper high rise building construction takes highly skilled design professionals and contractors. Difficulties arise from the load placed on the building due to the structure’s height, as well as the load’s impact on the windows, sliding glass doors, balconies and other building elements. High rises also have unique challenges with mechanical and plumbing systems.

The firm has represented numerous homeowners associations overseeing the repair and maintenance of high rises throughout Southern California and Colorado. Typically, these claims are extremely complicated requiring expert legal attention to every detail.


In addition to representing apartment owners in construction defect cases, the firm has represented owners who were the original developer with claims against the various subcontractors for inferior and negligible work. Consultants and experts have generally found construction of apartment projects to be inferior to other multi-family type construction, such as condominiums or townhomes. Common areas with defects often times include roofs, balconies, and exterior stairs, as well as drainage issues.

Single Family Resident

Single family homes came in all shapes and sizes. They are free-standing, may or may not be custom built, and may or may not be part of a homeowner’s association. Common construction defect problems include water intrusion through roofs, doors and windows, stucco cracking, failing artificial stucco (EIFS or External Insulation Finishing System), inadequate or improper drainage around the home, interior drywall cracking, slab movement and cracking and movement of backyard improvements. Typically, the construction defects arise from improper design and construction of the single family home, as well as improper construction of slopes immediately adjacent to the homes causing soil movement.


Many Indian Tribes have retained our firm to assist with deficiencies in hotel and casino construction and to ensure the builder is held responsible for the deficiencies. Handling these claims requires specialized knowledge of codes and laws applicable on tribal land and required by the Tribal Court.


There was an explosion of commercial building construction in California and Colorado from 2003 to 2008. While many attorneys only consider construction defects in residential units, the Law Offices of Michael A. Hearn also specialize in representing commercial property owners.

Damage to commercial buildings usually result from inadequate and improper design and construction and are dealt with similarly to residential construction defect claims.

Construction defects typically include cracking of stucco, water intrusion through the roofs and windows, front doors that don’t properly open and close, slabs moving, concrete sidewalks heaving and settling, and failing asphalt parking areas.

Commercial buildings include the following:

  • Office Buildings
  • Industrial/Warehouse Property
  • Medical Centers
  • Hotels
  • Retail Malls
  • Retail Stores