An issue that has plagued builders in Colorado construction defect litigation is the difficulty of getting additional insured carriers to fully participate in the builder’s defense, oftentimes leaving the builder to fund its own defense during the course of the litigation. Many additional insurers offer a variety of positions regarding why they will not pay […]
Colorado Construction Litigation Blog
Recently, the Colorado Court of Appeals indicated that there is no professional duty of care applicable to land planners. See Stan Clauson Associates, Inc. v. Coleman Brothers Constr., LLC, 297 P.3d 1042 (Colo. App. 2013). Stan Clauson Associates, Inc. (“SCA”) agreed to provide land planning services to Coleman Brothers Construction, LLC (“Coleman”) for property referred […]
With “green building” practices and projects becoming more mainstream across the country, it is more important than ever to account for the unique issues they raise. Recognizing this need, the American Institute of Architects (“AIA”) introduced five new form agreements in the past year to be used on green building projects. The new agreements are […]
One of the bright spots in the Colorado construction industry over the last few years has been the construction of for-rent apartments. It seems as though apartments are going up everywhere you look along the Front Range. As market forces change, it will be interesting to see whether these units will remain apartments or whether […]
As anyone involved in construction knows, one of the most heavily used forms for tracking insurance information during the subcontracting phase of a project is the Acord Certificate of Liability Insurance. General contractors often require subcontractors to provide these ubiquitous forms as evidence that the subcontractor maintains adequate insurance or insurance which complies with the […]
Roughly a year ago, this blog reviewed a bankruptcy court order finding an individual’s, Greg Rollison (“Rollison”), debt was non-dischargeable. The court found Rollison made false representations under § 523(a)(2)(A) to Kelvin and Holly Knaub (the “Knaubs”), knowing such representations to be false, with the intent to deceive the Knaubs into believing a replacement house […]
On April 17, 2013, the Colorado Senate Judiciary Committee voted, along party lines, to postpone indefinitely SB 52. Here is a link to the Denver Business Journal’s story regarding the bill and its untimely demise: “Lawmakers kill lawsuit limits on condo defects.“Unfortunately, it will be at least another year before the legislature will have the ability […]
Here is an update regarding SB 52 from Amie Mayhew, Executive Director of the Colorado Association of Home Builders: Yesterday, the Senate Judiciary Committee heard the proponents testimony on SB-52. Because the Senate was due back on the floor by 5:00 they were not able to hear all of the opponents or to deliberate. SB-52 […]
After a long wait, Colorado SB 13-52 has been scheduled for its first hearing in the Senate Judiciary Committee on Monday, April 15th at 1:30. The long delay in hearing was caused by a desire to wait for the release of a study to determine why there are so few construction professionals willing to build […]
Travelers Indemnity Company (“Travelers”) recently won a decision against Larimer County regarding a claim for damage caused to the roofs of several buildings at the County Fairgrounds. Travelers Indemnity Company v. Board of County Commissioners for Larimer County, Slip Copy, 2013 WL 238865, p. 1 (10thCir. 2013). Larimer County alleged, in district court, that snowstorms […]
