In the intricate world of construction, builders often rely heavily on insurance brokers to secure appropriate insurance coverage, and trust that they will be protected against unforeseen liabilities. However, a recent Colorado district court decision serves as a stark reminder of the perils associated with such reliance, especially when the builder’s expectations and communications with […]
Colorado Construction Litigation Blog
On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address Colorado’s housing crisis by encouraging construction of for-sale multifamily housing, such as condominiums and townhomes, through targeted legal reforms. H.B. 25-1272 would create a new, […]
In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores the importance of understanding the statutory […]
Over the years, plaintiff’s attorneys have steadily attempted to chip away at the guardrails that keep Colorado Consumer Protection Act (“CCPA”) claims in check. Over the last few years, the General Assembly has considered a number of bills designed to make it easier to prevail on CCPA claims, increasing litigation risk for businesses across industries, […]
For years, Colorado’s economic loss rule has not applied to residential construction and has not impeded the ability of homeowners to hold general contractors, subcontractors, design professionals, or other construction professionals accountable for negligent work. Specifically, the Colorado Supreme Court has recognized an independent duty on the part of construction professionals to construct homes without […]
Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will ultimately drive up the cost of housing, particularly for affordable condominiums and townhomes. This bill makes it easier to sue builders, extends the statute of limitations, and will have long-term negative consequences for housing development […]
The cost of housing in Colorado has been an ongoing concern for homeowners, tenants, and developers alike. Senate Bill 25-131 (S.B. 25-131) seeks to address some of these issues by modifying laws related to construction defect claims, landlord-tenant relationships, and local energy code requirements. This bill, scheduled for its first hearing on March 4th at […]
The Colorado Court of Appeals recently issued a significant decision in Veolia Water Technologies, Inc. v. Antero Treatment LLC, 2024 COA 126, clarifying the scope of the economic loss rule and the role of fraudulent misrepresentation in design-build contracts. The case serves as a cautionary tale for both owners and contractors about the importance of […]
Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership to serve as “Of Counsel,” continuing her vital work with clients and strengthening relationships that […]
In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s […]
