Shane D. Fleener
Top rated Construction Litigation attorney in Littleton, Colorado
Hearn & Fleener, LLC
Practice areas: Construction Litigation; view more
Licensed in Colorado since: 2006
Education: Loyola University Chicago School of Law
Selected to Super Lawyers: 2025 Call today:
720-928-0177
Free Consultation Hearn & Fleener, LLC
8051 Shaffer PkwyLittleton, CO 80127 Visit website
Details
Shane D. Fleener is a distinguished attorney at Hearn & Fleener, LLC, located in Littleton, Colorado. His legal practice focuses on construction litigation and construction defect cases, serving clients throughout the state of Colorado.
Mr. Fleener's involvement in the legal community extends beyond his practice. He has frequently testified before the Colorado Supreme Court and the Colorado General Assembly on construction defect issues, demonstrating his significant impact on the field. As a lead negotiator for Build Our Homes Right, Mr. Fleener has been actively engaged in legislative efforts and bill drafting related to construction defects in Colorado. His dedication to homeowner advocacy began in 2006, following his experience in natural resources, real estate and product liability law, where he represented major clients such as Johnson & Johnson in complex product liability cases.
Educationally, Mr. Fleener holds a Bachelor of Science in speech with honors from Northwestern University, earned in 1999. After gaining some experience in the marketing department of Vail Resorts, he pursued his legal education at Loyola University of Chicago School of Law, graduating with honors in 2004. His academic background has undoubtedly contributed to his successful legal career.
Mr. Fleener has earned recognition from prominent organizations such as Lawyers of Distinction and Best Lawyers. Notably, he was recently named among the "Top 50 Lawyers in America" for 2024. His legal acumen has led him to present numerous Continuing Legal Education (CLE) and Community Association Managers International Certification Board (CAMICB) courses, covering various facets of construction defect legislation and litigation.
In addition to his professional accomplishments, Mr. Fleener is an active member of the Community Associations Institute, participating in both the Rocky Mountain and Southern Colorado Chapters. His leadership and commitment to the legal community have been recognized through various awards, including the Law Week Colorado People's Choice Best Plaintiff Construction Defect Attorney in 2017 and 2018.
Practice areas
Construction Litigation: ConsumerFocus areas
Construction Defects
- 100% Construction Litigation: Consumer
First Admitted: 2006, Colorado
Professional Webpage: https://hearnfleener.com/our-team/shane-d-fleener
- Community Associations Institute, Rocky Mountain Chapter
- Community Associations Institute, Southern Colorado Chapter
- The Latitude at Vista Ridge Homeowners Assoc., Inc. v. Vista Ridge Development, LLC, et al. (Weld County District Court Case No. 2016CV30918). This was a multi-faceted construction defect case involving a homeowners association comprised of 124 single-family homes. Representing the Association, I was the first attorney to successfully argue that the representational standing provided to homeowner associations pursuant to Colorado’s Common Interest Ownership Act (“CCIOA”) extends to single-family home common interest communities., 2018
- Village at Cherry Creek Country Club Homeowners Assoc., Inc. v. C4 Land, LLC, et al. (Arapahoe County District Court, Case No. 2018CV30281). Colorado House Bill 1279 requires homeowner associations to conduct a meeting with the builder and a homeowner vote prior to asserting a claim. As now codified in C.R.S. § 38-33.3-303.5, these new requirements were believed to apply to any construction defect action filed on or after May 23, 2017. To date, I am the only attorney to successfully argue that the new Colorado requirements do not apply to any construction defect that was discovered by an association prior to September 1, 2017., 2018
- Vallagio North Assoc., Inc. v. Metropolitan Homes, Inc. et al. (Arapahoe County District Court, Case No. 2014CV31203). Complex construction defect case involving a multiuse association containing 90 residential units. Representing the Association, I successful avoided the binding arbitration clause contained in the Declaration and – following a two week trial – successfully obtained a jury returned a verdict in the amount of $5,818,172., 2015
- Latitudes at Vista Ridge Homeowners Association is a single family owners association. I was the first attorney to successfully argue that representational standing for an owners association provided for in CCIOA also applies to single family homes in common interest communities. This has grown our book of clients to include several single family home communities., 2018
- Shane was the primary bill-writer for Build Our Homes Right, a lobby group, during the 2024 Colorado Legislative Session. He co-wrote two bills (one extending the Statute of Repose and making it illegal for declarants to violate the non-profit act in HOA CCRs; and one bill to compel an study of construction insurance issues) and worked tirelessly to provide amendment language for three additional bills. Ultimately, none of them passed, but that is certainly a victory and a credit to Shane's work., 2024
- Shane drafted one piece of potential legislation regarding Colorado construction defect law as it relates to common interest communities. He also collaborated with several different lobby groups including Build Our Homes Right and CAI's CLAC to clarify language regarding construction and insurance issues., 2023
- Shane worked with the Speaker of the House in 2022 to improve the language around insurance and construction defects issues to address Governor Polis' housing policy initiative. This included countless hours at the Capitol and giving testimony before committees., 2022
- Voted for by peers and clients in Colorado, the Barrister's Best Awards go to outstanding attorneys in their field., Barrister's Best Plaintiff Construction Defect Attorney, Law Week Colorado, 2018
- Voted for by peers and clients in Colorado, the Barrister's Best Awards go to outstanding attorneys in their field., Barrister's Best Plaintiff Construction Defect Attorney, Law Week Colorado, 2017
- Bachelor of Science, Northwestern University
- I taught this program to community association managers (CAMs) across the Colorado Front Range in 2017 and 2018. During the class, we discuss changes in building codes and why they occur, new Colorado case law for construction defects, interesting changes to the way developers write new community legal documents, the ways urban sprawl is changing how HOAs interact with local municipalities, and new local ordinances that may impact how a community's buildings function. The program is worth 1 CE for managers with CAM and CMCA certifications. , Speaker/Lead, Current Trends in Colorado Construction Defects, Community Associations Institute, Housing, Common Interest Communities, Real Estate
- This class was developed by Shane Fleener and Sean Wells of Hearn & Fleener LLC to provide more advanced education to community association managers and board of directors about construction defect claims. The class assumed that all attendees understood defect claim basics and provided more advanced vocabulary, helpful management tactics for during claims, and how to make the most positive and long-lasting impact on a client community post-claim. Law Day is CAI Southern Colorado Chapter's signature annual education event with about 150 attendees and 5 presentations throughout the day. It was an honor to be included as a title speaker in 2023. , Co-Presenter, Ahoy! A Defect, CAI Southern Colorado Chapter Law Day, August 9, 2023, Common Interest Communities, 2023
- Due to his ongoing involvement with CAI's Colorado Legislative Action Committee and Build Our Homes Right, Shane was invited to speak as the construction defect representative on a panel for CAI Southern Colorado Chapter's Law Day 2022. There were 3 other speakers; two represented general counsel and one represented the insurance recovery field. Shane's experience and enthusiasm for his topic was clear and resulted in much positive feedback. CAI Southern Colorado's signature event annually is their August Law Day. Attendees travel from across the state of Colorado to see the speakers and enjoy the day. With dozens of attorneys regularly seeking to speak at this event, Shane Fleener is honored to be one of their repeat presenters., Panelist, Legislative Update, CAI Southern Colorado Chapter Law Day, August 9, 2022, Common Interest Communities, HOA Management, 2022
- An article clarifying that homeowners in single family homeowner associations have similar rights and standing as owners in condominium communities relative to construction defect claims. , Author, Don't Get Singled Out, Common Interests Magazine, CAI RMC, 2019, HOA, 2019
- Building Owners
- Community Associations
- Housing
- Property Management
- Real Estate
Selections
- Super Lawyers: 2025
