Mari Perczak, the co-practice group leader of the Construction Defects department at Burg Simpson, has thirty years of experience as a Colorado trial lawyer. She has successfully handled many large construction defect cases for Colorado homeowners and homeowner associations. Recently, Ms. Perczak was lead trial counsel in a four-week jury trial in Glenwood Springs involving twenty severely damaged homes where she obtained a verdict in excess of 6 million dollars for her clients. In 2012, Ms. Perczak and her co-counsel obtained the largest reported residential construction defect verdict in Colorado of 17 million dollars. Known for her hard work and tenacity, Mari has brought many favorable verdicts, arbitration awards, and settlements for her clients.
Ms. Perczak has obtained many successful awards for her clients, including:
•$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;
•$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; 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.
Ms. Perczak has earned the top rating (AV) from Martindale-Hubbell, the nation’s leading legal directory. The rating reflects a lawyer’s expertise, competence, and adherence to ethical and professional responsibilities. Ms. Perczak is a member of the Colorado and Denver Bar Associations.
Married with three children, Mari spends her free time with her two daughters competing in equestrian events.
Honors & Accolades
Barrister’s Best People’s Choice Award, Law Week Colorado, Best Construction Defects Lawyer-Plaintiffs, 2019
Best Lawyers “Lawyer of the Year 2017,” Construction Law - Denver
AV Preeminent Rating, Martindale-Hubbell
Top Lawyers, 5280 Magazine, 2015-2020
Selected to Best Lawyers in America, 2016 - 2020
Selected to Best Lawyers Women in the Law, 2020
Selected to Colorado Super Lawyers, 2012-2020
Publications & Media
Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act-Parts I and II, The Colorado Lawyer, (co-authored with Ron Sandgrund and Leslie Tuft), vol. 38, nos. 5 and 6, 2009
Lectures & Seminars
Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act, Continuing Legal Education of Colorado, 2008
Colorado Residential Construction Law: 'Actual Damages' Recovery Update and Trends, Continuing Legal Education of Colorado, 2010
“Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations,” College of Community Association Lawyers Law Seminar, 2017
“So You’re Not an Engineer- Tips for Deposing the Technical Expert,” National Trial Lawyers Summit, 2017
The New Landscape in Construction Defects seminar, Colorado Law Institute’s Construction Law Conference, 2018
