Law Firm Overview

The partners at McKenzie Rhody & Hearn have over 50 years of combined experience in the area of construction defect litigation.

That experience includes representing thousands of HOAs and individual homeowners affected by defects in their townhomes, condominiums, lofts, high-rises and single-family homes. In addition, our clients are located throughout Colorado, including in Fort Collins, Metro Denver, Colorado Springs and the mountain communities.

Before creating the firm to exclusively serve associations and individual homeowners, Cass McKenzie and Chris Rhody represented several of the Nation’s largest homebuilders defending the same types of lawsuits the firm now brings on behalf of its homeowner clients. The firm’s third partner, Mike Hearn, is a pioneer in the construction defect field, having specialized in this area for over 20 years.

McKenzie Rhody & Hearn is experienced in every type of construction defect claim. This includes claims for:

• Structural damage to foundation systems and floor slabs due to heaving and settling soils;
• Mold and water damage due to improper drainage, window leaks and roof leaks;
• Concrete and asphalt damage due to improper installation, drainage and design;
• Damages resulting from improper installation of EIFS (a synthetic stucco product); and
• Special problems related to construction defects in lofts and high-rises.

The firm has recovered millions of dollars for its homeowner and HOA clients as a result of these and other construction problems. For more details on common defects and the firm’s successes in fighting them, please see our web site.

The firm is also a leader in precedent-setting legal decisions that have significantly increased homeowners’ rights. Through our successes in the Colorado Supreme Court and Court of Appeals, the firm has obtained important victories empowering homeowners and HOAs to fully prosecute their construction defect claims.

We also actively defend homeowners’ rights through our presence in the State Legislature. The firm’s partners are directly involved in drafting and supporting important legislation benefiting homeowners and HOAs.

Because litigation should always be a last resort, the firm encourages its clients to attempt informal resolution of their problems before going to court. The firm has broad experience with numerous forms of Alternate Dispute Resolution, including mediation and arbitration.

Construction defects should not, however, be taken lightly. If you are concerned you may have problems, contact us for a free evaluation.

Areas of Practice

• Construction Defects (Representing Homeowners and HOAs)
• Product Liability - Defective Construction Products and Materials
• Expansive Soils and Other Geologic Hazards (Representing Homeowners and HOAs)
• Civil Trial Practice (Representing Homeowners and HOAs)
• Civil Appellate Practice - Colorado Court of Appeal & Supreme Court of Colorado
• Class Actions (Representing Homeowners)
• Insurance Bad Faith

Representative Cases

• A.C. Excavating, et al. v. Yacht Club II Homeowners Ass'n, Inc., 114 P.3d 862 (Supreme Court of Colorado 2005)
• Eagle Ridge Condominium Ass'n v. Metropolitan Builders, Inc., 98 P.3d 915 (Colorado Court of Appeals 2004)

West Practice Categories

Bad Faith Insurance, Construction Law, Products Liability Law