In Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008), a homeowner brought an action against the manufacturer of a defective Entran II hose used in an embedded heating system. The homeowner sought to recover the cost of replacing the entire heating system. The rubber hose that was part of the system […]
Colorado Construction Litigation Blog
In Thermo Development, Inc. v. Central Masonry Corp., 195 P.3d 1166 (Colo. App. 2008), the developers brought an action for contribution and indemnity against masonry and plaster subcontractors upon settling a water intrusion claim asserted by a condominium owner and condominium association. The developers argued that C.R.S. § 13-80-104(1)(b)(II)(B) permitted them to file claims against […]
For those of you not glued to your computer screens watching the streaming coverage of the first day of the sixty-seventh Colorado General Assembly, Senator Morse introduced SB 10-045, “A bill for an act concerning increasing the rights of homeowners, and, in connection therewith, enacting the ‘Homeowner Protection Act of 2010.’” The bill was assigned […]
Today is the first day of the 2010 legislative session of the Colorado General Assembly. Hang on to your hats for the next 120 days, as it promises to be in interesting ride. According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to […]
The 2010 Construction Litigation Desk Reference, published by DRI – The Voice of the Defense Bar, is now available. DRI is the international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to DRI members and offers many opportunities for liaison among defense trial […]
According to the latest available information, it appears as though Senator Morse will introduce the Homeowner Protection Act of 2010 as early as next Wednesday, January 13th. Although Senator Morse has not shared drafts of this bill, insiders anticipate that it will have roughly the same provisions as did last year’s, unsuccessful, Homeowner Protection Act […]
The December 14th volume of the Jury Verdict Reporter of Colorado contained a write up regarding the Whispering Pines Townhomes Association v. Whispering Pines Company, Inc. suit, tried before Judge Lyman in Archuleta County District Court July 29 through August 17, 2009. According to the association’s website, Whispering Pines is a community of 59 townhomes […]
As we near another legislative session, I am in the process of refining the manner in which I communicate with those interested in construction defect legislation in Colorado, including builders, subcontractors, design professionals, insurers, and attorneys. Instead of ham and egging my communications through a combination of my own Outlook e-mails and co-opting the CDLA […]
According to the November 23, 2009 Jury Verdct Reporter of Colorado (which I assume got held up in the mail somewhere), there was a trial last summer in El Paso County District Court involving a sub-subcontractor (Barnett) claiming to have been injured on a residential construction site. Barnett claimed to have been injured when he […]
According to Paula Moore’s recent article in the Denver Business Journal, it is likely that plaintiffs’ attorneys will run another bill this year similar to Senate Bill 09-246, also known as the Homeowner Protection Act of 2009 (HPA of 2009). That bill, sponsored by Senator Morse, was intended to legislatively overturn the 2008 Goodyear Tire & […]
