Attorney Profile

Scott Sullan

Scott Sullan

Burg, Simpson, Eldredge, Hersh & Jardine, P.C.
40 Inverness Drive East
Englewood, CO 80112

Englewood

Colorado (CO)

303-792-5595
303-708-0527

Selections

Selected To Super Lawyers: 2006 - 2014

Selected to Super Lawyers for 9 years

Practice Areas

Construction Litigation: Consumer

Insurance Coverage

Profile

Attorney Scott Sullan is the president and principal shareholder of Sullan2, Sandgrund, Smith & Perczak, P.C., a construction litigation firm in Denver, Colorado. With more than 30 years of experience in construction liability, he represents homeowners in all matters of construction and materials defects, and related insurance coverage litigation.

Mr. Sullan is well known throughout the region for his extensive knowledge in construction litigation in Colorado. Due to his dedicated practice, he has obtained several multimillion dollar settlements on behalf of his clients. Leading Colorado newspapers have described him as "one of those truly ethical and fair-minded attorneys who bring honor to an often maligned profession" and a "nationally-prominent litigator who is the scourge of the homebuilding industry." 

An active legal professional, Mr. Sullan is a member of the Denver, Arapahoe County, Jefferson County and Colorado Bar Associations. He regularly lectures on topics in construction liability for engineers, legal professionals and other organizations in the industry. He is also the co-author of "Residential Construction Law in Colorado," as well as sole author of many articles on construction law.

He is licensed to practice in Colorado, before the U.S. District Court of Colorado and before the U.S. Court of Appeals, 10th Circuit.


Find Me Online

Websitewww.vsss.com

About Scott Sullan

Law School: Southern Illinois University School of Law

Admitted: 1979, Colorado

Honors and Awards:

  • One of those truly ethical and fair-minded attorneys who bring honor to an often maligned profession, Leading Colorado Newspaper
  • Nationally-Prominent Litigator Who is the Scourge of the Homebuilding Industry, Leading Colorado Newspaper
  • The Legal Bane of Homebuilders
  • Some builders settled quickly after watching Sullan at work in 1996. During the trial, officials with Richmond Homes told Sullan they wanted to settle a separate class-action case he had filed on behalf of 12,300 Richmond homeowners.  He tried Mission Viejo by day and negotiated with Richmond by night. In June 1996, Richmond agreed to pay Sullan's firm $1.9 million and to spend tens of millions more to remedy problems

Bar/Professional Activity:

  • Tenth Circuit Court of Appeals, 1979
  • U S District Court for Colorado, 1979
  • State of Colorado, 1979
  • Colorado Bar Association
  • Denver Bar Association
  • Jefferson Bar Association
  • Arapahoe Bar Association

Scholarly Lectures and Writings:

  • "From Construction Defects Through Reconstruction", CAI Fall Conference, 2000
  • Residential Construction Defect Litigation (Seattle 2000), Co-Author with Ron Sandgrund
  • Robert Benson, Practitioner's Guide to Colorado Construction Law, Residential Construction (Chapter XIV) (Denver 2007) (replacing 1999, 2001, 2003 and 2005 editions), Co-Author with Ron Sandgrund
  • Lawyers' Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions (Michael Mihm, editor) (Denver, 2009 Supp), Class Action Counsel's Professional Responsibilities (Chapter 37), Co-Author with Ronald M. Sandgrund
  • Colorado Residential Construction Law (Denver 2008, 2nd edition) (updating 2005 1st edition), Co-Author with Ron Sandgrund
  • "Litigating Expansive Soils Cases,'' CAI Attorneys Breakfast. Denver. Colorado, 1997
  • "Colorado Construction Law: Insurance Issues in Residential Construction," Continuing Legal Education of Colorado, Denver, 1999
  • "Construction Defects Law," American Council of Engineering Companies of Colorado, Lakewood, 9/21/2004
  • "Residential Construction Law in Colorado" Continuing Legal Education of Colorado, Denver, November, 2005
  • "Construction Defects Mediation," Continuing Legal Education of Colorado. Denver. May, 2006
  • "Case Law and Legislative Update." Construction Law Hot Topics, Continuing Legal Education of Colorado. Denver, April 2007
  • "Overcoming Defenses: Warranty Waivers and the Economic Loss Rule," American Association for justice, Chicago. Illinois, July, 2007
  • "Rights of the Putative Spouse Under Section 305 of the Illinois Marriage and Dissolution of Marriage act," Southern Illinois University Law Journal, Vol 3, 1979
  • "Effect of Violation of CR.S § 11-43-101 on Out of Siate Savings and Loan," (article revised and reprinted as page and a half letter to the editor) (with Ronald M Sandgrund) Vol 16, No 2 The Colorado Lawyer, pp 229-230 (1987)
  • "The Construction Defect Aciion Reform Act of 2003," Vol. 32, No 7 The Colorado Lawyer, pp. 89-100 (with Ron Sandgrund) (2003). reprinted nationally in Vol. 4. No 12 Mealey's Litigation Reports (Construction Defects) at pages 20-38 (January. 2004). and in Legal Handbook for Architects. Engineers and Contractors, Vol 20, p 205 (Issues in Construction and Technology 2003/2004, Albert Dib, ed ) (West Publishing: 2004)
  • "Extrapolation Evidence in Construction Defecl Cases," Vol --. No --. The Colorado Lawyer, pp - (with Ron Sandgrund) (2006) (anticipated publication)
  • "The Mission Viejo Class Action: A New Perspective on Trying Mass Tort Claims", 1996
  • "Expandable Soils: A Primer for Real Estate Lawyers", Real Estate Topical Luncheon, 1996
  • "Shifting Sands", 15th Annual Real Estate Symposium, 1997
  • "Expansive Soils Cases", CAI, 1997
  • "High Stakes Games - Construction Defect Claims", CAI Spring Conference, 1998
  • "Residential Construction Defects Attributable to Geologic Hazards", Colorado Defense Lawyers Association, 1998
  • "The Real Truth About Mediation: A Mock Mediation with Commentary", CAI, 1999
  • "Getting the Best Results for Construction Litigants Through the Smart Use of ADR", CLE of Colorado, 1999 - Present
  • "Sifting Through Soils Reports: How to Identify Issues Concerning Expansive Soils and Slope Stability", CLE of Colorado, 2000
  • "New Construction Purchase Agreement: Getting Burned by the Boilerplate - Warranties, Disclaimers, Arbitration Clauses and Other Hot Spots", 19th Annual Real Estate Symposium, 2001
  • "Residential Construction, A Brave New World", CLE of Colorado, 2003
  • "Construction Law and Litigation, Expansive Soils: Understanding the Risks, Litigation Strategies and Case Studies", CLE International, 2003
  • "Annual Spring Real Estate Update: Overview of Mold in Colorado", CLE of Colorado, 2003
  • "Construction Defect Action Reform Act of 2003", Colorado Municipal League, 2003
  • "Consumer Arbitration", University of Denver, College of Law, 2004
  • "Expansive Soils: Beyond the Basics", Construction Law Conference, CLE of Colorado, 2004
  • "Construction Defect Claims in Colorado", Lorman Education Services, 2004
  • "Construction Defect Litigation", CAI Fall Conference, 2004
  • Recent Developments In Colorado Residential Construction Law, Continuing Legal Education of Colorado, 2008
  • The Construction Defect Action Reform Act, The Colorado Lawyer, Vol. 30, No. 10, 2001
  • Duty to Disclose Latent Defects When Selling a Home, National Business Institute, 2003
  • The Construction Defect Action Reform Act of 2003, The Colorado Lawyer, reprinted nationally in Mealey's Litigation Reports (Construction Defects), Vol. 32, No. 7 ,2003 and Vol. 20, p.205, 2004
  • Statutes of Limitations and Repose in Construction Defect Cases - Part I, The Colorado Lawyer, Vol. 33, No. 5, 2004
  • Statutes of Limitations and Repose in Construction Defect Cases - Part II, The Colorado Lawyer, Vol. 33, No. 6, 2004
  • Homebuilder Liability for Subcontractor Negligence - Parts I, The Colorado Lawyer, Vol. 34, No. 6, 2005
  • Homebuilder Liability for Subcontractor Negligence - Part II, The Colorado Lawyer, Vol. 34, No. 7, 2005
  • Yacht Club II: Charting the Shoals of the Economic Loss Rule, Trial Talk, August-September, 2005
  • The Homeowner Protection Act of 2007, The Colorado Lawyer, Vol. 36, Iss. 7, 2007
  • Useful Life Evidence in Construction Defect Cases, The Construction Lawyer (Amer. Bar Assoc. Forum on the Construction), Vol. 27, No. 3, 2007
  • Crossing the Separation of Powers Threshold: Legislative and Regulatory Control of Expert Witness Testimony, The Colorado Lawyer, Vol. 37, No. 5, 2008
  • House Bill 10-1394: New Law Governing Insurance Coverage For Construction Defect Claims, The Colorado Lawyer, Vol. 39, No. 8, 2010

Verdicts and Settlements:

  • Firms Will Pay $32 Million to Settle Suit Over Windows
  • Lawsuit Over Defects in Condos Resolved: D.R. Horton, the Texas-based home-building titan, has paid a record $39.5 million settlement to resolve a defective-construction lawsuit brought by condo owners
  • Builder Okays $39 Million End to Suit: largest settlement of construction defects lawsuit in Colorado history

Representative Clients:

  • Hoang v Monterra Homes, 99 CV 2425 (Jefferson County Dist Ct . January, 2002), Reported in Vol 3, No 10 Mealey's Litigation Reports (Construction Defects), at pp 4-5 (November, 2002) (construction defect suit) ($4 2 million judgment against butfder. three homes)
  • Ferla v Infinity Development Assocs . LLC. 107 P 3d 1006 (Colo App 2004) (Equal Protection challenge to Uniform Arbitration Act's unilateral right of appeal) (cert denied)
  • Scotting v. Alpine C M, et al, 00 CV 597 (Mesa County Dist Ct), Reported in Vol 2, No 2 Mealey's Litigation Reports (Construction Defects), at pp 6-7 (March. 2001) and in Vol 5, No 1 Mealey's Litigation Reports (Construction Defects), at p 5 (February, 2004) (Vista Del Rio landslide, two homes)($1 06 million settlement)
  • Century Lofts Homeowners Assoc v Nouveau Develop Co et al, 02 CV 3515 (Denver County Dist Ct), Reported in Vol 5, No. 1 Mealey's Litigation Reports (Construction Defects), at p. 4 (February, 2004) (multi-family defect lawsuit. 29 units) ($1 95 million settlement)
  • The Township At Dakota Condominium Owners Association v Dakota Builders. Inc , 97 CV 2011 (Jefferson County Dist Ct, November, 2002), Reported in Vol 4, No 2 Mealey's Litigation Reports (Construction Defects), at pp 3-4 (March 2003) (multi-family defect lawsuit. 97 units) ($3 8 miliion settlement)
  • Pine Ridge Townhomes in Aspen Junction Owners Association. Inc. et al v DKS Aspen Junction Limited Partnership. Case Nos 03 CV 202 and 03 CV 205 (Eagle County District Court) (multi-family defect lawsuit. 24 units) ($7 5 million settlement)
  • Hoang v Arbess, 80 P 3d 863 (Colo App 2003) (construction defect and nondisclosure claims againsi coniractor's principal) (cert denied)
  • Marworih v Cornwell, et al, 810 P 2d 653 (Colo 1991), reversing 787 P2d 200 (Colo App 1989) (debtor-creditor relations: due process, enforcement of out of state judgment)
  • Vaske v DuCharme. McMillen & Assoc. Inc 757 F Supp  1158 (D Colo. 1991) (wrongful discharge)
  • City of Lakewood v. U S Fire, et al. (Metro Wastewaler Proceedings), 142 F R D 471 (D Colo 1992) (discovery and privilege issues in environmental liability coverage action)
  • Gergel v High View Homes, 996 P 2d 223 (Colo Ct App 1999) (arbitration clause in home warranty) (cert, denied)
  • Gergel v High View Homes, 58 P 3d 1132 (Colo App, 2002) (arbitration clause in home warranty) (following remand) (cert denied)
  • Hoang v Monterra Homes(Powderhorn). LLC, - P 3d -, 2005 WL 427936 (Colo App , Feb 24. 2003) (construction defect and nondisclosure claims against contractor's principal), cross-peiitions for certiorari pending
  • Duffy v Writer Homes, 96 CA 1181 (Colo App . August 14. 1997) (residential construction defects, arbitration provision) ($1 7 million arbitration award), cert den (unpublished) Yeazel v  Kassian, 98 CA 0889 (Colo  App , August 5, 1999) (auto accident, brain injury), cert den (unpublished)
  • Shawver v Pro Built Homes. 99 CV 553 (Larimer County Dist Ct, May 1, 2001), Reported in Reported in Vol 2, No 6 Mealey's Litigation Reports (Construction Defects), at pp. 10-11 (July, 2001) (single-home expansive soils case) (one home; confidential settlement)
  • Townhomes At Coal Creek Homeowners Association, Inc, V Townhomes At Coal Creek Homeowners Association. Inc.. 99 CV 1936 (Boulder County Dist Ct . November. 2002), Reported in Vol 4, No 2 Mealey's Litigation Reports (Construction Defects), at pp 4-5 (March, 2003) (multi-family defect lawsuit, 112 units) ($2 9 million settlement)
  • Brooks v Leprino, 98 CV 1881 (Jefferson County Dist Ct . March 2000). Reported in Vol 1, No 5 Mealey's Litigation Reports (Construction Defects), at pp 5-8 (June. 2000) (Green Mountain landslide) (nine homes, three destroyed; confidential settlement)
  • Haberer v Peterson Construction, Inc . 99 CV 695 (Jefferson County Dist Ct, April, 2002), Reported in Vol 3. No 5 Mealey's Litigation Reports (Construction Defects), at pp 8-9 (June, 2002) and in Vol. 3, No, 10 Mealey's Litigation Reports (Construction Defects), at pp 5-6 (November, 2002) (construction defect suit)($6,2 million judgment, four homes)
  • Pinnacle Creek v Sovereign Investments. 00 CV 0142 (Adams County Disl Ct. August, 2001), Reported in Vol 3. No 8 Mealey's Litigation Reports (Construction Defects), at p 5 (muiti-famity defect lawsuit. 136 units) ($6 85 million settlement)
  • Village at Horizon Point v Beacon Hilt Investments, 99 CV 71 (Jefferson County Dist Ct., December, 2000), Reported in Vol 2. No 5 Mealey's Litigation Reports (Construction Defects), at pp 6-7 (February. 2001) and Vol 3, No 8 Mealey's Litigation Reports (Construclion Defects), at pp 5-6 (September, 2002) (multi-family defect lawsuit, 52 units) ($5 9 million settlement)
  • Village Point Townhomes ai Breckenridge v Wooden Ski Corporation. 99 CV 188 (Summit County Dist Ct. April, 2002), Reported in Vol. 3, No 5 Mealey's Litigation Reports (Construclion Defects), at pp 15-16 (June, 2002) and Vol 3, No. 8 Mealey's Litigaiion Reports (Construction Defects), at pp, 6-8 (September, 2002) (multi-family defect lawsuit. 51 units) ($3 1 million settlement)
  • Hoang v Assurance Company of America. 99 CV 2425 (Jefferson County Dist Ct . November. 2002). Reported in Vol 4, No 2 Mealey's Litigation Reports (Construction Defects), at pp 20-21 (February 2003) (construction defect liability insurance garnishment action) ($4 5 million judgment against insurer)
  • In the Matter of the Tide, Ballot We, and Submission Clause, Case No 03SA174 (Colo July 23, 2004) (affirming sufficiency of ballot initiative re; state constitutional amendment regarding construction defect claims) and Case No 03SA174 (Colo , December 14. 2003) (same)
  • Baldridge et al v NCIG Financial. Inc . et al. 01 CV 90 (Garfield County District Court), Reported in Vol 5 No 1 Mealey's Litigation Reports (Construction Defects), at p 4 (February. 2004) (super-consolidating soils. Five homes) ($1 26 million settlement, plus negotiated irrigation ditch maintenance and easement agreement)
  • Cypress Ridge Homeowners' Association. Inc v Colorado Homes and Lifestyles Inc. Case No 01 CV 1432 (El Paso County district Court November 2003). Reported in Vol 5. No 1 Mealey's Litigation Reports (Construction Defects), at p 3 (February. 2004) (multi-family defeci lawsuit. 126 units) ($6 1 million settlement)
  • Villa Riva Condominium Association v Discover Place Investments, et al, 00 CV 9493 (City and County of Denver District Court) Reported in Vol 8. No 6 Mealey's Litigation Reports (Construction Defects), at p 6 (September, 2005) (mulii-family defect lawsuit. 24 units) ($1 72 million settlement)
  • Louisiana Purchase II Homeowners Association v Amrepco. Inc.. el al, 00 CV 9493 (Arapahoe County Districi Court) Reported in Vol 6, No 8 Mealey's Litigation Reports (Construction Defects), at p. 6 (September. 2005) (multi-family defect lawsuit. 65 units) ($3 65 million settlement)
  • The Ponds at Blue River Homeowners Association v Ponds al Blue River Associates, et al,. 03 CV 0035 (Summit County District Court) (multi-family defect lawsuit. 84 units) ($11 75 million settlement)
  • Summit at Rock Creek Homeowners Association v D R Morion, et al, 03 CV 209 (Boulder County District Court) Reported in Vol 6, No S Mealey's Litigation Reports (Construction Defects), at p. 5 (September, 2005) (multi-famiiy defect lawsuit. 226 units) ($39 5 million settlement)
  • Terraces Condominiums Homeowners Association, Inc v Terrace Group, LLC, et al., Case No. 03 CV 90 (Garfield County District Court) (mulii-family defect lawsuit. 104 units) ($118 million settlement)
  • McGuire el at v Falcon Creek Ltd et al. 94 CV 232 (Douglas County District Court. November. 1995) (appointed class counsel in settlement of residential home defect case - 301 homes)
  • Peterson v Mission Viejo Company. Civil Action No 92 CV 568 (Douglas County District Court, September 30, 1994), petition for immediate review dismissed, 95SA191 (Colo June 22, 1995) (appointed lead, class action counsel in residential home defect case - 960 homes), case successfully tried to a jury on certain liability issues in Feb - Mar. 1996; case settled June, 1997
  • Gtastelter v Ryland Homes, Civil Action No 96 CV 101 (Douglas County District Court, June, 1996) (appointed class counsel in settlement of residential home defect case - 254 homes)
  • Morello v Richmond Homes, et al. Civil Action No 94 CV 352 (Douglas County District Court. October. 1996) (appointed class counsel in settlement of residential home defect case - 12,300 homes) (co-wrote insurance-backed replacemenl and supplemental home warranties included as part of settlement)
  • Wernli v Village Homes, el al. Civil Action No 96 CV 177 (Douglas County District Court, November, 1997) (appointed class counsel in settlement of residential home defect case - 389 homes)
  • Nesta et al v Merit Homes et al. Civil Action No 95 CV 1417-5 (Boulder County District Court, December. 1997) (appointed class counsel in settlement of residential home defect case - 45 homes)
  • Marchelya v Centex Homes, et al. Civil Action No 97 CV 353 (Douglas County District Court, November. 1999) (appointed class counsel in settlement of residential home defect case - 1,500 homes)
  • Cedar Heights Community Association v Northern Colorado Video, Inc, et al, Civil Action No 97 CV 3360 (El Paso County District Court. April 5. 1999, and November 6, 2000)(appointed class counsel on behalf of over 300 homeowners in suit concerning construction and condition of private road system) Reported in Vol 1, No 5 Mealey's Litigation Reports (Construction Defects) at pages 4-5 (June, 2000) and Vol  1, No  10 Mealey's Litigation Reports (Construction Defects) al pages 6-7 (November, 2000)
  • Rowe et al Oldach Windows et al. Civil Action No 99 CV 324 (Douglas County District Court)

Other Outstanding Achievements:

  • During the last 12 moth period, we have achieved the following results in five hard fought cases: 1.  In Hildebrand v National Fire:  I was lead counsel in this case seeking to enforce a judgment against the builder's insurance company.  We successfully obtained a jury verdict that the insurance company had appended an "endorsement" to the policy that was not part of the original policy and then produced that policy as the original in the garnishment action.  The jury's rejection of that endorsement arguably made void similar endorsements in the renewal policies that followed thus causing the insurance company to settle the case. 2.  In Dakota Ridge Village Homeowners Association v Dakota Ridge Village, LLC, et. al.:  I was lead counsel in this case.  Here, the developer and the builder were both named in the suit as Defendants (as was the individual who owned and operated both entities).  The cost of repair was alleged by the Association to be approximately $9,000,000.  The cost of repair is the cap on damages under CDARA.  We first settled with the builder for $7,500,000.  We then tried the case against the Developer (which claimed it only sold the units and had nothing to do with the construction of the units).  The jury awarded a verdict of $8,200,000 against the Developer finding that 100% of the fault for the construction defects rested with the Developer and the individual who owned the developer entity.  The jury further found that the builder had caused zero percent of the defects.  We had made a policy limits demand to the developer's insurance carrier, National Fire, which had remained open throughout the trial and up until the jury was instructed.  The carrier settled the case shortly after the verdict by paying more than its stated policy limits for a gross recovery by the Association of $12,000,000. 3.  In Rivergate Lofts Condominium Owner's Association v Rivergate Lofts Partners, LLC:  I was lead counsel in this case.  We negotiated a $26.4 million moisture intrusion, shear wall, sound transmission and structural fill defect settlement for Durango/La Plata County condominium association on behalf of 65 residential and 16 commercial condominium owners.  Over 70 depositions were taken in the case which ultimately involved over 35 lawfirms defending direct and third party claims in the depostions and discovery leading to trial.  Dozens of dispositive motions were filed and dealt with prior to the eleventh hour settlement. 4.  In Gold Peak Homewoners' Association v Gold Peak LLC, et al:  I was lead counsel in this case.  The defendants claimed that the developer was a shell LLC with no assets formed as a subsidiary of a publicly traded company (a "Real Estate Investment Trust or "REIT").  The CEO and VP of the publicly traded company served as directors on the HOA Board during the period of declarant control.  The defenses at trial centered on the REIT's claim that it had no involvement in the development or construciton of the project.  We obtained various jury verdicts in the amount of $18,200,000 against the REIT as well as individually against the CEO and VP on claims of negligence, negligent concealment, fraudulent concealment, breach of fiduciary duty, and violation of the Colorado Consumer Protection Act (not all claims were made against all defendants and so not all verdicts are against all defendants). 5.  In Booth Creek Townhomes, Inc. v James Hardie Building Products, et al:  I was lead counsel in this case.  This case involved a condominium complex built in the 1970's which was re-sided with fiber cement siding.  Hardie, the manufacturer of the siding, was sued on claims of producing a defective product and violating Colorado's Consumer Protection Act.  The installer of the siding, the architect, and the stain applicator were also sued.  Settlements were achieved with the installer and the stain applicator during the week before trial.  Trial commenced in Eagle against Hardie and the architect.  The total damages claimed were $1,900,000.  Hardie's last offer prior to trial was a "take it or leave it"          offer of $25,000.  During the second week of trial, Hardie agreed to pay $1,500,000 to settle the case.  The combinded settlements with all defendants resulted in a gross recovery for the Association in the amount of $2,375,000., 2011

Educational Background:

  • University of Colorado, Cum Laude, 1975
Call me at 303-792-5595

To: Scott Sullan

Super Lawyers: Potential Client Inquiry









Captcha Image Listen and type the characters you hear

Load another picture


DISCLAIMER: If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.



Map Location

Super Lawyers Magazine
What is Super Lawyers

Super Lawyers 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 selection process includes independent research, peer nominations and peer evaluations.

Read more »

 

Find Us On

International

Super Lawyers UK Super Lawyers US