Thoughtful Networking & Integrity-Driven Business Development

CAI Southern Colorado's quarterly publication, Community Connections, features an article written by Lindsay Thompson, titled "Thoughtful Networking & Integrity-Driven Business Development."

Thriving professionally in business development isn’t just about who you know—it’s about how you show up. Your network should enhance your success, not be the crutch that holds it up. Relying on connections as your safety net gives the impression that your achievements are the product of someone else’s effort.

Bluffs at Spring Creek-PB

Midtown at Magnolia

Canyon Creek

Province Tarrytown

Stevens Park

Mueller House II

Sommerlyn Vista

Harvest Meadows

Forest Park

villagecoop

3880 Munger

Myridium Association Inc

Kerrane Storz Recognized by Best Law Firms® in 2025 for the 8th Year in a Row

November 7, 2024 -- Kerrane Storz, P.C. has been recognized in the 2025 edition of Best Law Firms® , a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms in Construction Litigation, Kerrane Storz, P.C. has distinguished itself in the legal industry, earning this prestigious accolade.

Firms included in the 2025 Best Law Firms® list are recognized for professional excellence with impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2025 edition of The Best Lawyers in America®.

"At Best Lawyers, we are proud to recognize law firms that show an unwavering commitment to excellence, innovation, and client satisfaction," said Philip Greer, Chief Executive Officer of Best Lawyers. "In the legal arena, credibility is earned through consistent quality, which has propelled these firms to the forefront of the legal industry."

Achieving a ranking in Best Law Firms signifies high-quality legal practice and a depth of legal proficiency. Recognized firms, categorized into three tiers, receive acclaim on both national and metropolitan levels, reflecting the extent of their practice and geographic reach. Receiving a tier designation represents an elite status, reflecting the integrity and reputation earned by law firms.

The 2025 edition of  Best Law Firms® includes rankings in 75 national practice areas and 127 metropolitan-based practice areas. The transparent, collaborative research process employs qualitative and quantitative data from peer and client reviews, supported by proprietary algorithmic technology, to produce a tiered system of industry-led rankings of the top 4% of the industry.

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About Best Law Firms®

Best Law Firms®, ranked by Best Lawyers® and respected for over 14 years, is the most credible ranking of exceptional law firms globally. It is rooted in a rigorous, peer-to-peer, industry-driven evaluation. A ranking from Best Law Firms signifies a high-quality practice and a breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and metropolitan scale, providing legal professionals with an elevated stature from the Best Law Firms recognition. For more information, visit www.bestlawfirms.com.

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About Best Lawyers®

Best Lawyers® is the oldest and most respected peer-review research and marketing company in the legal profession. Best Lawyers compiles extensive recognitions by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate the work of their fellow legal professionals within their local market and specialty. Lawyers are not required or allowed to pay a fee to be listed; therefore, recognition by Best Lawyers is considered a singular honor. For more information, visit www.bestlawyers.com.

Kerrane Storz Receives $6.4 Million Arbitration Award Against Dream Finders Homes

LONGMONT, Colo., Oct. 31, 2024 /PRNewswire/ -- The construction defect law firm Kerrane Storz, P.C. achieved a major win this month for the Parkes at Stonebridge Townhome Owners Association against Dream Finders Homes.

Dream Finders built the 92-unit townhome community known as Parkes at Stonebridge in Longmont, Colorado from 2018 to 2021. Dream Finders promised homeowners "peace of mind" when they sold the homes to Coloradans but failed to deliver on that promise. Soon after moving in, the new homeowners noticed serious construction issues throughout the community including crumbling driveways, heaving sidewalks, and sagging garage awnings.

Depending on the season, sidewalks became dangerous due to ice buildup, ponding water, and slippery algae growth. These conditions caused injury to multiple homeowners who slipped and fell. When homeowners reported their safety concerns, Dream Finders responded with haphazard, negligent repairs that failed to fix the construction problems and caused new hazards.

After multiple failed attempts to negotiate a settlement, the Association proceeded to arbitration against Dream Finders. The Association prevailed on its claims of negligence, breach of contract, breach of express warranty, and breach of implied warranty against Dream Finders. The Arbiter awarded the Association $5,733,471 for its cost of repairs and $679,732 for its litigation costs for a total award of $6,413,204. In addition, the Arbiter awarded the Association post-judgment interest on unpaid amounts until the award plus interest is paid in full.

Dream Finders objected to the award for litigation costs, arguing that the purchase agreements for the townhomes - which their lawyers drafted - prevented the recovery of these costs. The Arbiter disagreed, holding:

"Colorado law clearly provides for an award of costs to the prevailing party in a construction defect arbitration. Any express waiver or limitations on these rights are void as against public policy. Of course, actual damages include costs."

"We are thrilled with this award for our client and look forward to seeing the community make much-needed repairs," said Heidi Storz, lead attorney for the community. "This decision will serve other Colorado homeowners by putting developer/builders on notice that they will be held accountable for poor construction despite boilerplate, take-it-or-leave-it waivers they may include in purchase agreements."

Dream Finders has paid part of the arbitration award. As of today's date, however, Dream Finders has not satisfied its obligation to pay the post-judgment interest awarded to the Association by the Arbiter. On October 30, 2024, the Association filed a motion in Boulder County District Court seeking entry of judgment on the arbitration award. The Association plans to enforce the judgment as necessary to hold Dream Finders accountable for all they owe.

As of June 2024, Dream Finders Homes had built and sold almost 2,000 homes across the Front Range. Dream Finders Homes is now selling homes in newly built communities in Arvada, Aurora, Brighton, Broomfield, Littleton, Parker, Strasburg, Berthoud, Fort Collins, and Longmont.

The law firm of Kerrane Storz, P.C. represents Colorado and Texas homeowners and community associations in construction defect matters.

Contact: 
Heidi Storz
hstorz@kerranestorz.com
www.kerranestorz.com

Kings Plaza

Curtice Village

Sorrel Ranch

Edge at LoHi

Nook At Shiloh Mesa

Four Kerrane Storz Lawyers Named to 2025 Best Lawyers in America List

August 15, 2024

We are thrilled to announce that Jeff Kerrane,  Heidi Storz, Michael Lowder, and Danita Glenn are included in the 31ˢᵗ edition of The Best Lawyers in America®..

Jeff Kerrane and Heidi Storz have been selected to the 2025 Best Lawyers in America list in the field of Construction Litigation, and Michael Lowder and Danita Glenn have been sleected to the 2025 Best Lawyers: Ones to Watch in America.  

Best Lawyers®, the oldest and most respected legal rankings company, is pleased to announce the milestone 30th edition of The Best Lawyers in America® and fourth edition of Best Lawyers: Ones to Watch® in America legal awards. These significant releases follow closely after independently launching the redesigned Best Law Firms®. As a result, these awards further enhance the confidence in and recognition of those who are distinguished by this esteemed awards organization.

“This historic 30th edition of The Best Lawyers in America is a testament to lawyers’ and firms’ appreciation of the Best Lawyers steadfast methodology and historical significance on the legal industry,” said Best Lawyers CEO Phillip Greer. “Best Lawyers and ‘Ones to Watch’ accolades are based purely on the review of other top lawyers practicing in the same metropolitan and practice areas. Those practicing against each other in mediation or arguing across the aisle in court are providing positive feedback on their peers’ skillset, knowledge and professionalism. These awards are a genuine vote of confidence in their fellow lawyers.”

Determined through Best Lawyers’ transparent Purely Peer Review® research process, the Best Lawyers accolades recognize the top 5% of legal talent in private practice throughout the United States. Best Lawyers believes the quality of their peer-review survey directly relates to the quality of voters, so only lawyers who were previously recognized by Best Lawyers were asked to review their constituents for the 2024 recognitions. While preparing for the 30th edition of The Best Lawyers in America, more than 13.7 million votes were analyzed. For the 2024 edition of Best Lawyers: Ones to Watch® in America, more than 2.4 million votes were analyzed, which resulted in more than 25,000 lawyers honored in the new edition. Using the same trusted methodology as traditional Best Lawyers awards, the lawyers recognized in Best Lawyers: Ones to Watch in America are earlier in their careers, typically only being in private practice for less than 10 years.

Best Lawyers has played a pivotal role in aiding individuals seeking legal assistance by helping them pinpoint the most adept lawyers to represent their interests, even in remote jurisdictions or unfamiliar fields of law. When searching for a reputable lawyer, a mark of recognition from Best Lawyers is a valued credential for clients regarding the esteem a lawyer has within their profession.

To view honorees included in the 2024 editions of The Best Lawyers in America and Best Lawyers: Ones to Watch in America, please visit www.bestlawyers.com.

CAMERON VAHLKAMP

Love Field Lofts

SB24-106 Postponed Indefinitely—A Victory for HOAs and Affordable Housing Owners

Colorado Senate Bill 106 was postponed indefinitely on May 3, 2024, marking a victory for homeowner rights and owners of affordable housing.  

The bill would have stripped Colorado homeowners of many of the limited rights they have in Colorado, thrusting expensive repair bills onto one of Colorado's more vulnerable populations--owners of affordable housing.    Colorado's  Sen. J. Coleman, Sen. R. Zenzinger and Rep. S. Bird were the prime sponsors of this misguided bill.   

"Most disturbingly, SB 106 would require that claims dealing with “life, health and safety” problems, those would have to be “imminent” – so in my case, the firewall wouldn’t be a problem unless there was an active fire spreading in the building. It would give builders the right to force unwanted repairs on homeowners – even band-aid fixes that would just cover up the real problem – and would prevent homeowners from pursuing a claim on the underlying defect after such a repair. In most cases, homeowners couldn’t join together, they would have to file claims individually, which is much more expensive and difficult."  --Bob Gaiser, Aurora Planning and Zoning Commissioner and member of Build our Homes Right

WATCH: Proponents, critics clash over legislation aimed at increasing Colorado condo construction

KerraneStorz Receives Top Honor from 2024 Best Lawyers

We are honored to have been recognized as the recipient of the prestigious Best Law Firms 2024 ranking! We are deeply grateful to our clients, respected peers, and our incredible team for their unwavering support and dedication.

This accolade serves as a testament to our team's unwavering commitment to excellence and our relentless pursuit of delivering top-notch legal services. We extend our heartfelt appreciation to all those who have played a role in our success, as we continue to strive for excellence in the legal industry. Thank you for your trust and confidence in KerraneStorz - we are truly honored to receive this esteemed recognition.

Best Law Firms Independent Rankings Highlight Top Firms in the Industry.

Best Lawyers, the oldest and most respected Purely Peer Review research and accolades company in the legal profession, announced the release of their 14th edition of the United States Best Law Firms® rankings. This year’s rankings mark the first year that Best Lawyers has released the bellwether listings independently on a dedicated website: www.bestlawfirms.com. They also highlight a new strategic direction for Best Law Firms as the company expands across additional categories and geographic regions.

The 2024 rankings are based on Best Law Firms’ proven methodology that relies on qualitative and quantitative data on legal skillset, achievements and client successes collected through a submission process managed by Best Lawyers.

“These rankings – their first independently published rankings and 14th edition – serve as a true North Star for the industry,” said Best Lawyers CEO Phillip Greer. “We know that the legal profession–like so many industries today–is undergoing a transformation led by proliferating technology, global demands and evolving social norms. Through these rankings, we can not only identify the gamechangers for law firms today, but also focus on key issues such as integrating AI and addressing DE&I that are positioning them and the profession for future success.”

The 2024 rankings were evaluated from the largest participation pool to date, which incorporate more than 97,000 client submissions, more than 2.8 million Best Law Firms votes on ballots and more than 13.7 million evaluations of more than 23,000 firms. The rankings highlight a unique combination of high-quality law practices and the full breadth of legal expertise that has always been differentiated by the credibility and transparent rankings process developed by Best Lawyers.

The 2024 Best Law Firms rankings can be accessed at www.bestlawfirms.com.

Heidi Storz, Jeff Kerrane, Mike Lowder, Allyson Maroon, and Andrew Mossman included on 2024 Super Lawyers lists

For over 20 years , the team at KerraneStorz has advocated for thousands of property owners and community associations with construction defects.

We are proud that Heidi Storz*, Jeff Kerrane*, Mike Lowder* were chosen for the Super Lawyers list, and that Allyson Maroon**, and Andrew Mossman** were included in the Rising Stars list.

* Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

** Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Goodnight Ranch

2001 N. Prairie

Cross Creek Duplex

Ethical Issues In Reconstruction Projects

CAI Southern Colorado's Community Connections magazine features an article this quarter by Jeff Kerrane regarding "Ethical Issues in Reconstruction Projects."  The article provides insight into ensuring transparency, avoiding conflicts of interest, managing the bid process, and investing reconstruction finds. 

At some point in the life cycle of every community association there will come a time, probably multiple times, when the association will become involved in a large-scale reconstruction project.    As communities evolve and structures age, every component of a community will reach the inevitable end of its life cycle.  Sometimes, that end could come sooner than expected, when a community is hit by a natural disaster.  Other times, the end of the life cycle could be hastened by construction defects or by inadequate maintenance.  When an association embarks on a reconstruction project, ethical obligations of the individuals involved will come into play, including the community association manager and the board of directors.  This article provides insight into ensuring transparency, avoiding conflicts of interest, managing the bid process, and investing reconstruction funds.

Orpheus Condominium

1910 Caddo

Blue River Flats

Parkway Point

Collins Square

Garrett Park

museumblvd

northedgecondos

Ella Cityhomes

Lincoln Commons Rows II

Greenwood Flats

oaksoncaroline

Oak Street Townhomes

Rose Creek Townhomes

Cityscapes-Highline

Heidi Storz named Barrister’s Best Construction Defect Lawyer for Plaintiffs

Congratulations to Heidi Storz for being awarded Barrister’s Best Construction Defect Lawyer for Plaintiffs by Colorado Law Week!

“Drawing on more than two decades of experience in construction defect litigation, Heidi Storz has assisted thousands of building owners to resolve their construction defect disputes. She’s been recognized by Best Lawyers since 2018 and has appeared in Super Lawyers since 2012. Storz is also no stranger to recognition in Law Week — she was one of our Top Women Lawyers in 2012 and 2016.”—Law Week

Anthem Highlands

Jeff Park Flats

Liv City Center

Enclaves at Mt Vista

Parkside

NorthSky At Ridgegate

Parkes at Stonebridge

Perrins Row

Cityscape-Highline

Southwest Suburban Water & Sanitation District

S’Park 24

Seville

Bella Casa

Avion

Great Plains

Carrington Court

Backcountry

Heidi Storz Named Law Week Colorado’s Best Construction Defects Lawyer and Best Civil Litigator

Law Week's Barrister’s Best is back. Heidi Storz was named Law Week's People's Chioce for Best Civil Litigator.  "In addition to this distinction, Heidi Storz has been recognized as one of the state’s top lawyers by multiple sources. She’s already made the 2022 Colorado Super Lawyers and Women Colorado Super Lawyers lists. Her understanding of construction has allowed her to assist thousands of homeowners in construction defect issues and insurance litigation."  Heidi tops off this award by also being named Law Week's Barrister's Choice for Best Plaintiff's Construction Defects Lawyer.  "This is the second category, after civil litigator, that Storz has appeared in. Away from the workplace, she enjoys beekeeping, gardening, cooking and traveling."

The Row

Green Mountain Terrace

Highland Villas

Observatory Heights

Ventana by Buckner

Laurel Condo Association

Terrace South

Condor Townhomes

Heidi Storz featured in Best Lawyers “Women in the Law” Edition

June 4, 2021.  Congratulations to Heidi Storz for being featured in Best Lawyers Sixth Annual "Women in the Law" Business Edition.  

The “Women in the Law” Business Edition celebrates the accomplishments of women in the legal industry and includes every female lawyer recognized in the 27th (2021) edition of The Best Lawyers in America©. The publication further promotes women’s voices with editorial content written by predominantly female contributors focusing largely on their experiences in law, taking monumental leaps in their professions and inspiring future generations.

Read the digital publication and search The Best Lawyers in America© by lawyer name, firm, region and/or practice area by visiting www.bestlawyers.com. Lawyers who are nominated for consideration are voted on by currently recognized Best Lawyers working in the same practice area and located in the same geographic region. Best Lawyers awards and recognitions are based purely on the feedback they receive from these top lawyers. Those who receive high peer reviews undergo a thorough verification process to make sure they are currently still in private practice. Only then can these top lawyers be recognized by Best Lawyers.

ABOUT BEST LAWYERS

Best Lawyers is the oldest and most respected lawyer ranking service in the world. For 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers awards are published in leading local, regional and national publications across the globe.

Legacy Villas

Creekside In Erie

Westwoods Mesa

Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable

Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable for failure to implement repairs recommended in a reserve study, even though the members of the Association voted down an attempted special assessment to fund the necessary repairs.

Lakeside Village Homeowners Ass’n v. Belanger, 08-15-00214-CV (Tex. Ct. App. June 14, 2017)

Townhome unit owners filed suit for trespass and negligence against their owners association, property manager, and management agent for improperly maintaining and repairing a retaining wall and associated common area adjacent to a townhome duplex. The unit owners alleged that the improper maintenance and repair allowing the common area to divert surface and subsurface water towards the townhome property, which caused damage to the townhomes by way of soils movement-induced foundation damage.

Two reserve studies performed by the management company in 2005 and 2010 revealed that a railroad-tie retaining wall running throughout the 498-unit community was structurally deficient and failing, and each reserve study recommended an immediate replacement of the railroad-ties with a concrete retaining wall.  The Association did not have sufficient reserve funds to address all of the repairs recommended in the reserve studies.  In 2011, the Association sought a special assessment to contribute to the reserve account to fund the recommended repairs, but the members voted against the special assessment.

The jury awarded actual damages to the homeowner Plaintiffs of approximately $100,000 for physical damage to their townhome units occasioned by the failure to repair and replace the retaining wall, and an additional award of prejudgment interest and attorneys fees was attached to the judgment.  On appeal, the Court of Appeals upheld the jury verdict and entry of judgment.  The Association is still responsible for the retaining wall repairs.

Homeowners associations, their boards of directors, and their property managers must be vigilant in evaluating the condition of the common areas in the community to determine whether a portion of the community was defectively constructed by the original builder/developer.  By failing to initially identify the construction defect from the 2005 reserve study, and seeking to simply repair the property by special assessment, the Association and the property manager become liable to the unit owners for damage to their property even though the Association and property manager sought to specially assess the members of the Association to pay for the needed repairs.  A construction defect suit, brought in 2005, could have funded the necessary repairs and avoided the property damage suffered by the homeowners.

Mustang Park

Congratulations to our lawyers who made the 2021 Super Lawyer list!

Kerrane Storz, P.C. is proud to announce that Jeff Kerrane, Heidi Storz, and Michael Lowder have been named to the 2021 Colorado Super Lawyers lists.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. 

Jeff Kerrane, Colorado Super Lawyers Top 100, 2014-2021, Colorado Super Lawyers, 2012-2021

Heidi Storz, Colorado Super Lawyers Top 100, 2014-2021, Colorado Super Lawyers Top 50 Women, 2013-2021, Colorado Super Lawyers, 2012-2021

Michael Lowder, Colorado Rising Star, 2016-2021

Grand Monarch

Skyland Village

Colorado Appellate Court Upholds $1,850,000 Construction Defect Verdict in Challenger Homes Community

November 19, 2020 -- The law firm of Kerrane Storz received a major win today in a Colorado appellate court case for a neighborhood built by a Challenger Homes affiliate.  The case could mark a major expansion of warranty protections for homeowners throughout the State of Colorado.  The appellate court case contained several major holdings that are beneficial for Colorado homeowners including:

1.  Builders provide implied warranties of habitability and workmanlike construction, even if the seller of the homes is a different entity;

2.  A developer or builder that takes over the development and construction of a community from another developer or builder is responsible for delivery of properly constructed common areas for the entire community;

3. A community association may recover damages for repair of all the construction defects in the common areas, even if not all owners in the association are original purchasers;

4. A verdict entered against a developer or builder on a warranty claim cannot be reduced by a community association's negligence; and

5. A community association has standing to bring claims for damages to the common areas, regardless of whether the common areas are owned by the Association or the individual owners.

This landmark ruling in Brooktree Village Homeowners Ass'n v. Brooktree Village, LLC, 2020 WL 6789033 (Colo.App., 2020), followed a $1,850,000 verdict to the Association on its warranty claims against the developer and builder.  The case presented a matter of first impression regarding a builder’s responsibility to deliver common areas in a good and workmanlike manner, even when the builder took over the development and construction of the neighborhood after the departure of another builder.

In issuing its landmark ruling the three-judge panel held that "a homeowner's association may recover from a successor developer or builder the entire cost of remediating construction defects in common areas where (1) the defects are attributable to the successor developer or builder; (2) two or more of the association's members purchased their homes directly from the successor developer or builder; and (3) those members have rights to use the common areas — even if the successor developer or builder never owned the common areas."

"The Appellate panel in this case recognized that developers and builders owe a duty to provide habitable, properly constructed homes and common areas to the owners and to the community association regardless of whether owners sell their units or whether the developer or builder are taking over the development of a community after another developer or builder leaves," said trial counsel for the Association, Heidi Storz.  "This appellate court decision rightly levels the playing field and ensures fairness for Colorado homeowners.  When developers or builders sell homes in a community, the developer and builder are responsible for the whole community and can't blame problems on a prior developer or builder."  

The case resulted in a confidential, post-verdict settlement with builder and related entities, including Challenger Homes.

The law firm of Kerrane Storz, P.C. represents property owners and community associations in construction defect matters.

Contact:

Heidi Storz

hstorz@kerranestorz.com

720-898-9680

SOURCE  Kerrane Storz, P.C.

EMPLOYEES

Law Week Colorado Names Jeff Kerrane Barrister’s Best Construction Defect Attorney for Plaintiffs

Congratulations to Jeff Kerrane for for being named Law Week Colorado's Barrister's Best Construction Plaintiff's Defects Attorney for 2020!

"Barrister’s Choice: Jeff Kerrane has more than 20 years of experience in construction defect litigation spanning multiple states. In addition to his legal work, he’s a frequent writer and speaker on the topic" - Law Week Colorado 

Moser Up

Park Haven

The Nox

Kerrane Storz Attorneys Named to U.S. News and World Report - Best Lawyers and Ones to Watch

Kerrane Storz, P.C. is pleased to announce our recognized lawyers that are included in the 2021 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Kerrane Storz, P.C. would like to congratulate Jeffrey P. Kerrane and Heidi E. Storz for being named to 2021 The Best Lawyers in America list for Construction Litigation. Kerrane Storz, P.C. would also like to congratulate Michael J. Lowder and Monica E. Uribe for being recognized in the 2021 Edition of Best Lawyers: Ones to Watch in Construction Litigation

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. Lawyers recognized in Best Lawyers: Ones to Watch are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Read the Colorado digitial edition.

Kerrane Storz, P.C. is also included in the U.S. News – Best Lawyers® “Best Law Firms” list.

I Have Construction Defects? How Did My Home Ever Pass Inspection?

One of the questions that I am always asked by homeowners concerns why they are experiencing construction deficiencies when their home was inspected by the City or County Building Official and passed inspection. The next question invariably is always, “is the inspector liable?” or, “can we make a claim against the city or county?” The purpose of this article is to address these often asked questions and more fully explain the building process to better understand the building inspector’s role in new construction.

The Building Process
Most jurisdictions provide for a building process that includes a plan check, obtaining building permits, and inspections by local building officials. The plan check process is when the City or County engineers determine whether the plans themselves are adequate for the planned construction. Once the plans are approved the permits are issued to build according to the approved plans. Once construction begins there are periodic inspections that occur at certain phases or milestones in the construction process such as when the framing is complete or when the rough electrical has been installed just to name a few. The inspection process culminates at the final inspection when a Certificate of Occupancy is issued and the homeowner can move into their new home.
So how is it that after going through this involved plan check and inspection process a new development can end up with construction defects? The answer comes from understanding how the process works and the responsibility of those involved.

Plan Check
One of the first opportunities the building department has to get involved in a new project is in plan check. Plan check is when the builder provides a copy of the proposed plans and specifications to the building department for approval. The plans are reviewed by the City or County engineers for general compliance with building code and city and county standards and are approved or changes are requested to come into compliance.

So what happens if your project makes it through plan check and you still end up with design defects? Is the City or County liable for approving the plans? The short answer is no. The builder’s engineer or architect may be responsible for design defects, but the City and County engineers are not. They are just checking the plans for general compliance with the City or County standards. They are not guaranteeing to the homeowner that the plans are fully compliant with all codes and standards. The City and County engineers rely on the builder’s design team to make a detailed analysis. The governmental entities do not have the time or resources to make a detailed investigation it would take to make sure the plans are fully compliant with all codes and standards.

After the plans are approved by the engineering department of the City or County in plan check, permits are issued and construction begins. The next phase the building officials are involved in is the inspections.

Inspections
After construction begins the City or County perform their periodic inspections. These inspections are somewhat standardized but do vary a bit from jurisdiction to jurisdiction. For instance, many jurisdictions do not even perform a roofing inspection other than looking from the ground to see if a roof is in place, while other jurisdictions may still require building inspectors to get on the roof. But what is the purpose of the inspection? Isn’t it to make sure all of the construction is as it should be? Again, the short answer is no.
While having your home go through the series of inspections discussed above gives the impression that your home was built according to the plans and specifications and the minimum building code requirements, that is not necessarily the case. In a recent case our office had that went to trial, the Chief Building Official for a City testified that the building inspector cannot be the guarantor of good construction and that it is not the building official’s job to make sure the entire home is built according to plans and code. So if it is not the inspector’s job to make sure the home is built correctly who’s job is it? A review of the logistics of the inspection process holds the answer.

That same building official testified that while construction may go on for 10-14 hours a day, his inspectors were at that same job about 30-40 minutes a month performing inspections. His point was that the building officials while trying to do their job well are only on the project a very small percentage of the time during construction. So what is the point of the inspection if they see so little? The answer to that question discloses the problem with how the process is set up.

The Chief Building Official explained that because the building officials are on the project for such a short amount of time the building official relies heavily on the builder to follow the plans and specifications and to know what the building code requires and comply with its requirements. This has been consistent with the many building officials I have dealt with in many different jurisdictions, from the mountain towns to Boulder and down to Colorado Springs.

Although you may feel like this is like the fox guarding the henhouse, this is how the system is set up. As in operation today, the construction inspection procedure does not contemplate that the builder does not care, or does not have the integrity to build the way a home should be built. If I have not convinced you why the building official should not be held accountable for any construction defects, maybe this will…a building official is immune from prosecution for any mistakes they make in executing the responsibilities of their job.

Aspen Meadows II

How our Law Firm is Celebrating the 50th Anniversary of Earth Day

On top of what our firm has already been committed to for years, we decided to celebrate Earth Day with employee pledges, and rejoice in the accomplishments we are each able to do in our personal lives.

It’s a small step, but as a team, we are devoted. We know impacting climate change is a group effort.

It’s clear to us that now, more than ever, we can pave the way for a better future together. We’re constantly working to inspire others to do what they can to create a better environment for our future. We encourage you to join us in working towards leaving the world better than we found it. Visit our website to see what our employees have committed to. We encourage you to make your individual pledge today!

Can we use only 100 percent recycled and responsibly sourced paper in our packaging? Can we become a paperless company? These are the bold questions that the Kerrane Storz shareholders were willing to ask of themselves and commit to a few years back.  We want to be a part of the resolution and not a part of the problem with climate change. To preserve resources, we have committed to using 100 percent recycled paper, which we also recycle after each use. We’ve tracked our carbon footprint and our goal is to eliminate it. For more than ten years, Kerrane Storz has been purchasing carbon offsets to offset our firm’s carbon footprint. We also invest in economically friendly promotional products. But we know there is more we can do. This year, in honor of the 50th celebration of Earth Day, we have asked all of our employees including our shareholders, to contribute with their own individual pledges for Earth Day.  Our employees were excited to share a personal commitment with their work-family as well as participate together in becoming a part of the change for our environment. The pledges range from using reusable containers and water bottles, recycling, composting, using biodegradable products, planting gardens, giving up Ziploc bags, doing weekly trash pickups, driving electric or hybrid cars, investing in reusable grocery bags, and planting trees. That’s just a start for us all. And we plan to encourage and support our staff through their years’ worth of pledges.  We also seek to find new ways our law firm can improve in becoming more eco-friendly. With this, we are able to better serve our client base by providing mindful preservation of our planet.

Reduce. Reuse. Recycle. Repeat. Turn every day into earth day.

Park at Fossil Ridge

Kerrane Storz Gives Back to ‘Food for Thought’

Kerrane Storz' passion is greater than just helping those affected by construction defects; we have a passion and a commitment to giving back to the local community.

In light of the current situation sweeping across the nation, Kerrane Storz chose to monetarily donate to the Food Bank of the Rockies. Food Bank of the Rockies makes food security a reality for every Colorado Family. The homeless represent only 10% of the Food Bank of the Rockies' food recipients. Almost half of the food they distribute goes toward children.

Kerrane Storz also participated in helping Food for Thought, who works closely with the Food Bank of the Rockies, to ensure children from the Denver Public School District have meals to sustain them during the weekend. With the school district closures and as many students rely on the school district for breakfast and lunch, this food was needed now more than ever. Volunteers from Food For Thought were vetted, asked to wear gloves, and maintain a safe distance for the entirety of the outreach event. 

The volunteers began working on Friday, 3/20/20, before the sun came up. Most showed up at 5:30 a.m. in 22-degree weather, snow coming down, to unpack boxes of non-perishable foods. And together they prepared over 3,500 bags of food to be delivered to 12 different locations around the Denver metropolis where families in need would be waiting.

Food Bank of the Rockies is working tirelessly to distribute food to people in need. as well as helping provide food with Food for Thought Denver. They are expecting to see an increase in need as many people in our community are experiencing layoffs, pay-cuts and fewer hours. Donations are vital for these non-profits to continue their good work in our community. You can donate to either organization from the safety of your own home by following the links provided below. If you're able to contribute, we encourage you to consider doing so as our community needs donors during this difficult time.

https://www.foodbankrockies.org/give/give-funds/

https://www.coloradogives.org/index.php?section=organizations&action=newDonation&fwID=38118

Fine Print

murphycreek

Westlake

Phils Test Case

Jeff Kerrane & Heidi Storz Named to 5280’s Top Lawyers List for 6 Consecutive Years

January 2019

Jeff Kerrane & Heidi Storz Named to 5280’s Top Lawyers List for the sixth consecutive year.

5280 Magazine invited nearly 16,000 licensed attorneys in the seven-county metro area to participate in their survey. They assembled a list of 50 specialties based on input from attorneys and law firms.

"It’s simply a fact of life that even the least litigious among us will need a lawyer at some point. When you find yourself in that position, navigating the complicated legal world can be overwhelming, especially when you consider that the law has been split into dozens of categories: Everything from criminal law to insurance necessitates specific expertise. That’s why we compiled Denver’s Top Lawyers 2020, our sixth annual list of the best attorneys in the region. We first invited attorneys in the seven-county metro area to vote for the peers they respect most in 50 specialties. Survey responses in hand, we did weeks of reporting to get an on-the-ground perspective: Who are the best litigators? The finest contract writers? Who’s quietly building a name for herself? Who’s coasting on an outdated reputation?"

WesTown

Kerrane Storz, P.C. ranked in 2020 U.S. News and World Report “Best Law Firms”

January 8, 2020 -- U.S. News & World Report and Best Lawyers®, for the tenth consecutive year, announce the "Best Law Firms" rankings.

Kerrane Storz, P.C. has been ranked in the 2020 U.S. News - Best Lawyers® "Best Law Firms" list and regionally in Commercial and Construction Litigation.

Firms included in the 2020 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2020 Edition of "Best Law Firms" includes rankings in 75 national practice areas and 127 metropolitan-based practice areas. Additionally, one "Law Firm of the Year" was named in each nationally-ranked practice area.

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

View the full press release.