Mari Perczak

Burg Simpson Eldredge Hersh & Jardine, PC
40 Inverness Drive East
Englewood, CO 80112

Mari Perczak has twenty years of experience as a Colorado trial lawyer. Ms. Perczak has successfully handled many large construction defect cases for Colorado homeowners and homeowner associations. Hard-working and dedicated, Ms. Perczak has obtained many favorable verdicts and settlements. In 2009, Ms. Perczak and co-counsel Scott Sullan secured a $24.3 million settlement on behalf of a 320-unit Arapahoe County homeowners association involving foundation distress, water intrusion, and drainage defects, and a $12.5 million settlement on the third day of trial for an Aurora homeowner association involving 282 units with stone veneer, siding, window, and drainage defects. Also in 2009, Perczak and Sullan secured a $7.35 million settlement on behalf of a downtown homeowner association with 57 commercial and residential units involving defective courtyard podium slabs, leaking windows, and stucco defects. Between 2005 and 2009, Ms. Perczak and Mr. Sullan secured a $19.5 million settlement for a 56-unit southwest Denver homeowners association involving water intrusion through a poorly constructed building envelope and stucco facade, a $4 million settlement on behalf of a mixed-use downtown property development with moisture intrusion, mold, and EIFS defects, and a $2.5 million judgment following a jury verdict against a siding contractor. Ms. Perczak's experience and aggressive work also generated a $5.3 million settlement in a case involving structural framing defects and improper application of artificial stucco for a Denver homeowner association.

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)
Improperly applied artificial stone veneer
Roof leaks and failures
Inadequate drainage
Roadway failures
Building product defects, including leaking windows

Ms. Perczak was born in Columbus, Ohio, in 1961. She moved to Colorado in 1966 and graduated magna cum laude from Colorado State University in 1983 with a Bachelor of Arts in Political Science. She attended law school at the University of Denver while she clerked for two litigation law firms. She graduated near the top of her class in 1986 and began her trial practice at a distinguished Denver law firm.

Since 1997, Ms. Perczak's practice has centered on representing clients in complex construction defect cases. She has successfully resolved through settlement or trial more than a hundred cases. She also has handled many cases before the Colorado Court of Appeals and Colorado Supreme Court.

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 was a nominee for CAI's board of directors.

Ms. Perczak was the U.S. Department of Energy's lead trial counsel in the condemnation action for the Standley Lake Protection Project. The trial, involving several land parcels, resulted in a verdict adopting the Department of Energy's valuation. Ms. Perczak also served as Assistant City Attorney for the City of Westminster in the early 1990s.

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. Ms. Perczak is married with three children. Mari and her two daughters spend their free time competing in equestrian events.

Year Joined Organization:


Areas of Practice:

Construction Defect
Products Liability

Litigation Percentage:

100% of Practice Devoted to Litigation

Bar Admissions:

Colorado, 1986
U.S. District Court District of Colorado, 1986
U.S. Court of Appeals 10th Circuit, 1986


University of Denver College of Law, Denver, Colorado, 1986

Colorado State University, Fort Collins, Colorado, 1983
B.A. (Political Science)
Honors: Magna Cum Laude
Honors: Phi Beta Kappa

Published Works:

"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

Classes/Seminars Taught:

"Colorado Residential Construction Law: 'Actual Damages' Recovery Update and Trends," Continuing Legal Education of Colorado, 2010

"Recovering 'Actual Damages' Under Colorado's Construction Defect Action Reform Act," Continuing Legal Education of Colorado, 2008

Professional Associations and Memberships:

Denver Bar Association
Colorado Bar Association
American Bar Association
Rocky Mountain Chapter, Community Associations Institute

Past Employment Positions:

Mari K. Perczak, LLC, Shareholder (while with Mari K. Perczak, LLC, she frequently acted as Associated Counsel with Vanatta, Sullan, Sandgrund, Sullan & Smith PC), 2005-2007

City of Westminster, Assistant City Attorney, 1994