The Compressed Clock: Prosecuting Condo and HOA Defect Claims Under the Colorado and Florida Reforms

Diana Sada, Shareholder | Burg Simpson Eldredge Hersh & Jardine

Diana Sada is a Shareholder at Burg Simpson Eldredge Hersh & Jardine and heads the firm’s Florida construction defect group. She began her legal career in Central Florida representing homeowners and condominium associations in construction defect litigation and focuses her practice on representing homeowners and condominium associations in claims against builders, developers, contractors, and other parties involved in construction projects. Before joining Burg Simpson, Diana practiced commercial and general civil litigation in Denver and served as a prosecutor in the 18th Judicial District Attorney’s Office in Arapahoe County, Colorado, where she handled a substantial felony docket and gained extensive jury trial experience.

• Education & Credentials

Diana earned her J.D. from the University of Denver Sturm College of Law in 2013 and her B.A. in International Relations with honors from Rollins College in 2009. She is admitted to practice in Florida and Colorado and before the U.S. District Courts for the Middle and Southern Districts of Florida and the District of Colorado. She is also a member of the Colorado Bar Association, Denver Bar Association, and Hillsborough County Bar Association.

• Recognition & Leadership

Diana was selected to Best Lawyers’ “Ones to Watch” from 2022 through 2027 and to Super Lawyers’ “Rising Stars” from 2023 through 2027. She has also held leadership roles in trial advocacy education, including serving as Assistant Director of the University of Denver Sturm College of Law’s Center for Advocacy and coaching the university’s National Trial Team.

• Professional Involvement

Diana has extensive experience teaching and training lawyers and legal professionals in trial advocacy and construction-related issues. From 2016 through 2019, she served as an adjunct faculty member at the University of Denver Sturm College of Law’s Center for Advocacy, where she assisted with courses including Evidence Practicum and Trial Practice. She also coached the University’s National Trial Team and traveled with students to competitions across the country. Since relocating to Florida in 2020, Diana has taught continuing-education courses to licensed community managers throughout the state and regularly presents to association boards and industry professionals on construction defects and related legal issues.

• Experience

Diana’s practice focuses on construction defect litigation involving homeowners and condominium associations. She began her legal career in Central Florida representing homeowners and condominium associations in construction defect litigation involving builders, developers, contractors, and other project participants. Since joining Burg Simpson, she has focused her practice on construction defect litigation and has been part of the trial team that secured a $19.48 million arbitration award in Colorado. Before joining the firm, she practiced commercial and general civil litigation in Denver and served as a prosecutor
in the 18th Judicial District Attorney’s Office in Arapahoe County, where she handled felony cases from inception through trial.

Jennifer Seidman, Senior Counsel | Burg Simpson Eldredge Hersh & Jardine

Jennifer Seidman has represented homeowners, community associations, and other property owners in construction defect and defective building products litigation for more than 20 years. Her practice includes complex trial matters and appeals involving structural failures and foundation movement, water intrusion and building envelope deficiencies, product defects, design professional errors, and other significant construction-related issues.

• Education & Credentials

Jennifer received her law degree from the University of Colorado School of Law in Boulder in 2004. While there, she was Comment Editor of the University of Colorado Law Review, held the Rothgerber Fellowship in Contracts, received the Courtland H Peterson Writing Award, and completed mediator training and certification. She also attended Michigan State University (1999). She is admitted to practice in Colorado and Texas.

• Recognition & Leadership

Jennifer was named Barrister’s Choice for Best Construction Defects Lawyer for Plaintiffs in 2015 and was selected to Best Lawyers® in America for 2021 through 2025. At The Colorado Lawyer, she is the Coordinating Editor for Torts and Insurance Law articles and a former Board Member. She also previously co-chaired the Law Day Committee of the Arapahoe County Bar Association.

• Professional Involvement

Jennifer is a mediator and a recognized advocate for Colorado homeowners. She provides expert commentary to news media, delivers educational presentations, and co-authors articles on developments in construction defect law. She also works with the Colorado Legislature to advance policies that protect homeowners.

Her recent programs on Colorado construction defect law include “HB25-1272: The American Dream Act” at the 2025 CBA Tort Law Update on Construction Defects, a “Legislative Update” at the 2024 CBA Tort Law Update on Construction Defects, and “20th Anniversary of CDARA II: Looking Back and Looking Ahead” at the 2023 CTLA Blockbuster. She also presented “Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations” at the 2017 College of Community Association Lawyers Law Seminar, and was a panel member for “Collecting Judgments in the Construction and Commercial Context” at CTLA’s BLOCKBUSTER 22 in 2022. She is a member of the Colorado Trial Lawyers Association and the Denver Bar Association.

• Experience

Jennifer has co-authored numerous Colorado Lawyer articles on construction defect law. Recent work includes “The 2025 Colorado American Dream Act” (May–June 2026) and “The Past, Present, and Future of Residential Construction Defect Action Reform in Colorado” (January/February 2025). Earlier articles cover “House Bill 17-1279: New Prerequisites to Homeowner Association Construction Defect Lawsuits” (August–September 2017), “Unique Construction Defect Damages Mitigation Issues” (February 2015), “Deconstructing Construction Defect Fault Allocation and Damages Apportionment” (2011), and “The Homeowner Protection Act of 2007” (2007).

She joined the construction defect group in 2006. Before that, she served as Assistant Regional Director for a nonprofit organization focused on social justice and human rights.

SESSION 1 – The New Construction Defect Clock: Getting the Association From Defect Discovery to Filing  | 2:30pm – 3:30pm

This session walks condominium and HOA counsel through the critical steps required to investigate, preserve, notice, authorize, and file construction defect claims under the evolving Florida and Colorado frameworks. Using practical examples, the session will examine shortened repose periods, association authorization requirements, pre-suit notice procedures, inspection and mitigation considerations, and the interaction between investigation, settlement discussions, and the litigation clock. Particular attention will be given to Colorado’s 65% owner-approval requirement and Florida’s Chapter 558 process, with a focus on how counsel can build a claim timeline that preserves the association’s ability to pursue recovery.

BREAK | 3:30pm – 3:40pm

SESSION 2 – From Defect to Recovery: Calculating Damages When the Settlement Falls Short  | 3:40pm – 4:40pm

This session examines how association counsel can evaluate and present construction defect damages when the anticipated recovery does not fully cover the cost of remediation. The discussion will address repair costs, construction-cost escalation, diminution in value, consequential damages, attorneys’ fees and litigation expenses, and the evidence needed to support a complete damages presentation. The session will also examine what happens when the association’s recovery falls short of the cost to repair, including the legal and practical considerations surrounding special assessments, reserves, and other funding options.