The following comes from a recent Capitol Close-Up, a legislative update from Amie Mayhew, Chief Executive Officer – Colorado Association of Home Builders: On February 11th, the Colorado Oil and Gas Conservation Commission (“COGCC”) voted 8-1 to approve a new set of setback rules. One substantive change is to the effective date in Rule 604, which will […]
Colorado Construction Litigation Blog
On January 17, 2013 Representative Fischer introduced House Bill 13-1090 into the Colorado House of Representatives. HB 1090 was assigned the House Business, Labor, Economic and Workforce Development Committee. The bill, sponsored by Senator Tochtrop in the Senate, sets the following requirements for both private and public construction contracts: The owner and contractor must make […]
In a prior blog post, we summarized the Court of Appeals decision in the case of AC Excavating, Inc. v. Yale, ___ P. 3d. ___, 2010 WL 3432219 (Colo. App. Sept. 2, 2010) which provided an interpretation of the Colorado Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127 (hereafter “the Trust Fund Statute”). A divided […]
Keirns Construction Co. (“Keirns”) hired Landmark Engineering, Ltd. (“Landmark”) to provide a geotechnical investigation and foundation designs for two duplexes Keirns built in Larimer County. Keirns and Landmark signed one contract in 2001 for the geotechnical work and two separate contracts in 2005 for the foundation design of the two duplexes. Each contract contained an identical “risk […]
I received today a communication from the Colorado Association of Home Builders regarding the background and benefits of Senate Bill 13-052. Please take a moment to read this information. Please Support Senate Bill 13-52 Supporting Transit-Oriented Development and Multi-Family Housing Background: Affordable housing and transit-oriented, mixed-use developments—or TODs—are facing a crisis of scarcity in Colorado—especially […]
Higgins, Hopkins, McLain & Roswell is pleased to announce Bret L. Cogdill as Special Counsel (effective from January 1, 2013). Bret is a 2001 graduate of the University of Denver, College of Law and was awarded an internship with the State Department, serving at the U.S. Embassy in Sarajevo, Bosnia & Hercegovina. After graduating from […]
Last fall the Denver Regional Council of Governments approached the Colorado Association of Home Builders to inquire as to why there are no builders developing or constructing for-sale, multi-family projects along the newly constructed light rail lines. By surveying its membership, the CAHB quickly learned that the biggest impediment to such construction is Colorado’s litigation […]
In a recent case, the Colorado Court of Appeals found that a contractor had a duty to a third party to warn it of a dangerous condition, even after the contractor had completed its work and the owner had accepted the contractor’s work. Collard v. Vista Paving Corp., — P.3d –, 2012 WL 5871446 (Colo. […]
I previously wrote an article entitled “The Hidden Dangers of Construction Defect Litigation” for the Common Interests magazine, the monthly periodical of the Rocky Mountain Chapter of the Community Associations Institute. In that article, I discussed the potential negative effects of homeowners associations bringing construction defect suits as anything other than a last resort. The […]
Establishing and effectively enforcing legal regulations that promote green building requires a great deal of time and effort from all involved. After years of advocating, implementing and responding to environmentally conscious building policies, we know that small changes made now can make a huge impact later on — especially when the initiative is backed by […]
