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Mari K. Perczak

Attorney Profile

Top Rated Construction Litigation Attorney in Englewood, CO

Burg Simpson Eldredge Hersh & Jardine, P.C.
40 Inverness Dr E
Englewood, CO 80112
Phone: 303-792-5595
Fax: 303-708-0527
Selected to Super Lawyers: 2012 - 2022
Licensed in Colorado Since: 1986
Practice Areas: Construction Litigation: Consumer
Attorney Profile

Mari Perczak is the co-practice group leader of the Construction Defects department at Burg Simpson. She and her department have achieved Tier 1 status by US News and World Report, which is the highest-ranking available. Ms. Perczak has more than thirty years of experience as a Colorado trial lawyer and has successfully handled many large construction defect cases for Colorado homeowners and homeowner associations. In 2020,  Ms. Perczak was lead trial counsel in a lengthy arbitration where she and her team of construction defect trial lawyers, secured a $19.48 million award for a 17-building, 82-unit residential common interest, townhome community in Aurora, Colorado.  Also in 2020, Ms. Perczak obtained a $28.55 million settlement for a Boulder County townhome community experiencing foundation and concrete movement due to swelling soils activated by poor grading and drainage, as well as other defects. She obtained a verdict in excess of  $6 million for her clients when she handled a four-week jury trial in Glenwood Springs involving twenty severely damaged homes. In 2012, Ms. Perczak and her co-counsel obtained the largest reported residential construction defect verdict in Colorado of $17 million. Known for her hard work and tenacity, Mari has brought many favorable verdicts, arbitration awards, and settlements for her clients.

Those in the legal community are familiar with Ms. Perczak’s formidable skills and abilities. Retired Judge Christopher Cross in Final Arbitration Award commented on Ms. Perczak’s experience: “She has earned a reputation in the legal community for her litigation skill, ethical behavior, and professionalism.” Attorney Jonathan Pray, Brownstein Hyatt said, “The reputation of the construction defect practice group within Burg Simpson is unparalleled in this state.  No firm or practice group in Colorado has more experience litigating residential construction defect disputes, and especially disputes involving geotechnical and foundation issues. Ms. Perczak is one of the deans of the Colorado construction defect bar.

Ms. Perczak has obtained many successful awards for her clients, including:

  • 28.55 Million settlement obtained on behalf of Boulder County townhome association with 75 townhomes involving foundation and concrete movement, poor grading and drainage, water intrusion, and tile roof defects;
  • $26.4 Million settlement on behalf of an 82-unit association involving foundation distress, water intrusion, and shear wall defects;
  • $24.3 Million settlement on behalf of a 320-unit homeowners’ association involving foundation distress, water intrusion, and drainage defects;
  • $19.5 Million settlement for a 56-unit southwest Denver homeowners association involving water intrusion through a poorly constructed building envelope and stucco facade;
  • 19.48 Million arbitration award against Century Communities, Inc. and others on behalf of 83 unit townhome community involving improper foundation design, grading and drainage defects, fire protection deficiencies, and water intrusion;
  • $18.2 Million recovery involving drainage and building envelope defects;
  • $17.5 Million recovery following a jury verdict award 17 Million;
  • $17+ Million recovery for a large multi-family community with drainage, building envelope, and fire protection defects;
  • $14+ Million recovery for 52 residential buildings with structural framing, drainage, roof, and building envelope defects;
  • $12.5 Million settlement on the third day of trial for a homeowners’ association involving 282 units with stone veneer, siding, window, and drainage defects;
  • $10.8 Million recovery for foundation damage to 20 single family homes on collapsible soils;
  • $8.5 Million recovery following a settlement with a general contractor and 8.1 Million jury verdict against developer;
  • $8.3 Million recovery against a national builder and window manufacturer for siding and window defects;
  • $7.35 Million settlement on behalf of a downtown Denver homeowner association with 57 commercial and residential units involving defective courtyard podium slabs, leaking windows, and stucco defects;
  • $5.3 Million for downtown condominiums with stucco defects;
  • $4 Million settlement on behalf of a mixed-use downtown property development with moisture intrusion, mold, and EIFS defects; and
  • $2.5 Million judgment following a jury verdict against a siding repair contractor.

Ms. Perczak’s practice focuses on representing homeowners and homeowner associations in construction defect and defective building products cases.  Ms. Perczak has successfully resolved construction defect lawsuits involving:

  • Structural failures and foundation movement;
  • Water intrusion and building envelope failures;
  • Cracking and improperly applied real and artificial stucco (EIFS);
  • Roof leaks and failures;
  • Inadequate drainage;
  • Fire Sprinkler failures;
  • Building product defects, including leaking windows; and
  • Engineering errors.

Ms. Perczak presents educational seminars to attorneys and property managers on issues relating to construction defect litigation, trials, and evidence preservation. She has served on educational committees for the Rocky Mountain Chapter of the Community Associations Institute (CAI) and is a past member of  CAI’s board of directors.

Practice Areas
  • 100%Construction Litigation: Consumer

Selections

11 Years Super Lawyers
  • Super Lawyers: 2012 - 2022

About Mari K. Perczak

First Admitted: 1986, Colorado

Professional Webpage: https://www.burgsimpson.com/attorney/mari-k-perczak/

Videos

Verdicts/Settlements

  • 28.55 Million settlement obtained on behalf of Boulder County townhome association with 75 townhomes involving foundation and concrete movement, poor grading and drainage, water intrusion, and tile roof defects.
  • $26.4 Million settlement on behalf of an 82-unit association involving foundation distress, water intrusion, and shear wall defects.
  • $24.3 Million settlement on behalf of a 320-unit homeowners’ association involving foundation distress, water intrusion, and drainage defects.
  • $19.5 Million settlement for a 56-unit southwest Denver homeowners association involving water intrusion through a poorly constructed building envelope and stucco facade.
  • 19.48 Million arbitration award against Century Communities, Inc. and others on behalf of 83 unit townhome community involving improper foundation design, grading and drainage defects, fire protection deficiencies, and water intrusion.
  • $18.2 Million recovery involving drainage and building envelope defects.
  • 17.5 Million recovery following a jury verdict award 17 Million.
  • $17+ Million recovery for large multi-family community with drainage, building envelope and fire protection defects.
  • $14+ Million recovery for 52 residential buildings with structural framing, drainage, roof and building envelope defects.
  • $12.5 Million settlement on the third day of trial for a homeowners’ association involving 282 units with stone veneer, siding, window, and drainage defects;
  • $10.8 Million recovery for foundation damage to 20 single family homes on collapsible soils.
  • $8.5 Million recovery following settlement with general contractor and 8.1 million dollar jury verdict against developer.
  • $8.3 Million recovery against national builder and window manufacturer for siding and window defects.
  • $7.35 Million settlement on behalf of a downtown Denver homeowner association with 57 commercial and residential units involving defective courtyard podium slabs, leaking windows, and stucco defects.
  • $5.3 Million for downtown condominiums with stucco defects.
  • $4 Million settlement on behalf of a mixed-use downtown property development with moisture intrusion, mold, and EIFS defects.
  • $2.5 Million judgment following a jury verdict against a siding repair contractor.

Educational Background

  • J.D., University of Denver College of Law, Denver, Colorado, 1986, 1986
  • B.A., Colorado State University, Fort Collins, Colorado, 1983 (Political Science) magna cum laude, Phi Beta Kappa, 1983

Bar/Professional Activity

  • Admitted to Arizona Bar, 2015
  • Admitted to Texas Bar, 2011
  • Admitted to Colorado Bar, 1986
  • U.S. District Court District of Colorado, 1986
  • U.S. Court of Appeals 10th Circuit, 1986
  • Colorado Trial Lawyers Association 
  • Colorado Bar Association
  • Rocky Mountain Chapter, Community Associations Institute

Scholarly Lectures/Writings

  • "The New Landscape in Construction Defects seminar," Colorado Law Institute’s Construction Law Conference, 2018, Presenter, The New Landscape in Construction Defects Seminar, Colorado Law Institute’s Construction Law Conference, 2018, Legal, 2018
  • “The Colorado Supreme Court May Have Granted Developers the Right to Perpetually Control Common Interest Communities,” Trial Talk, August/September 2017, co-authored with Jennifer A. Seidman, Leslie A. Tuft, Brian K. Matise, and Ronald M. Sandgrund, Co-Author, “The Colorado Supreme Court May Have Granted Developers the Right to Perpetually Control Common Interest Communities”, Trial Talk , 2017
  • So You’re Not an Engineer- Tips for Deposing the Technical Expert, Presenter, “So You’re Not an Engineer- Tips for Deposing the Technical Expert,” National Trial Lawyers Summit, 2017, National Trial Lawyers Summit, 2017, Legal, 2017
  • Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations,” College of Community Association Lawyers Law Seminar, 2017, Presenter, Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations,” College of Community Association Lawyers Law Seminar, 2017, College of Community Association Lawyers Law Seminar, 2017, Legal, 2017
  • Colorado Residential Construction Law: 'Actual Damages' Recovery Update and Trends," Continuing Legal Education of Colorado, 2010, Presenter, "Colorado Residential Construction Law: 'Actual Damages' Recovery Update and Trends" , CLE, 2010
  • Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act, Co-Author, Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act-Parts I and II , The Colorado Lawyer, vol. 38, nos. 5 and 6, Legal, 2009
  • Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act, Presenter, "Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act," Continuing Legal Education of Colorado, 2008, Continuing Legal Education of Colorado, Legal, 2008

Honors/Awards

  • Selected as Barrister's Best by People's Choice, Construction Defects Lawyer for the Plaintiffs, 2019-2020, Barrister's Best, Law Week Colorado, 2020
  • Best Lawyers® “Lawyer of the Year 2017,” Construction Law – Denver, “Lawyer of the Year 2017,” Construction Law – Denver, Best Lawyers®, 2017
  • AV Preeminent® Rating, Martindale-Hubbell, AV Preeminent® Rating, Martindale-Hubbell
  • Top Lawyers, 5280 Magazine, 2015-2022, Top Lawyers, 5280 Magazine , 2022
  • Selected to Best Lawyers® in America, 2016 - 2022, Best Lawyers in America, Best Lawyers®
  • Best Lawyers® Women in the Law, Selected to Best Lawyers® Women in the Law, Best Lawyers®, 2020
  • Selected to Colorado Super Lawyers®, 2012-2022 Top 100 Super Lawyers®, 2021, Colorado Super Lawyers, Super Lawyers®
  • Selected to Colorado Super Lawyers® Top 50 Women, 2021, Top 50 Women, Super Lawyers®
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Office Location for Mari K. Perczak

40 Inverness Dr E
Englewood, CO 80112

Phone: 303-792-5595

Fax: 303-708-0527

Last Updated: 9/21/2021

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