Defective Building Products Attorney
Sometimes the builder or contractor did nothing wrong, and the product itself failed. Siding that warps, cracks or delaminates, shingles that blister or lose granules years early, windows whose seals fail, pipes that leak at the fittings: when a manufacturer sells a building product that doesn't perform as promised, property owners shouldn't have to absorb the cost of tearing it off and replacing it.
I represent homeowners, HOAs and commercial property owners in claims against building product manufacturers, both in individual cases and, where many owners are affected by the same defect, in group and class actions.
Products That Commonly Fail
Exterior siding (vinyl, fiber cement, engineered wood, metal and composite)
Roofing shingles, synthetic and rubber roofing, and roof underlayments
Windows, sliding doors and their seals, coatings and hardware
Decking, railings and composite lumber
Plumbing pipe, fittings and water heaters
Stucco systems, sealants and waterproofing membranes
Fire-rated assemblies and electrical components
The Warranty Denial Problem
Most building products come with long warranties, sometimes "lifetime" warranties. But many owners find out the warranty isn't worth much when they need it. Common responses include blaming the installer, blaming the weather, offering a prorated amount that covers a fraction of the real cost, offering replacement material but no labor, or simply not responding. A denied or lowball warranty claim isn't necessarily the end of the road. Depending on the facts, owners may have claims for breach of express and implied warranty, product liability, misrepresentation and violations of the Colorado Consumer Protection Act.
Product or Installation?
Manufacturers often blame installation, and installers often blame the product. Because I've run a construction company and I'm a licensed general contractor, I can work with experts to separate a true product defect from an installation error. Often the answer is both, and both parties can be held responsible.
Group and Class Actions
When a defect affects a whole product line, many owners have the same problem at the same time. Group claims and class actions allow owners to share the cost of testing and expert work and to put more pressure on a manufacturer than any single owner could. If you've seen the same failure on your neighbors' homes, that's worth mentioning when we talk.
Frequently Asked Questions
My warranty claim was denied for "improper installation." What can I do? Get the denial in writing and keep it. Then have the installation evaluated independently. If installation was proper, the denial may be wrong. If it wasn't, the installer may be responsible.
The manufacturer offered me free replacement material. Should I take it? Read the fine print first. Replacement material without labor, disposal and related repairs often covers a small part of the real cost, and some offers require you to sign a release.
How long do I have to bring a claim against a product manufacturer? Deadlines depend on the legal theory and the warranty terms, and some run from installation rather than discovery. Talk to a lawyer promptly.
Contingent fee representation is available for qualifying product claims, and hourly arrangements are available for other matters. Call 303-409-7529 for a free case review.