I recently had the opportunity to write an article for the Winter 2022 edition of the Colorado Builder Magazine. Since we are now seeing construction defect claims on projects built after enactment of Denver’s construction defect ordinance, it seemed an opportune time to revisit the topic. To find the original version of this article, follow […]
Colorado Construction Litigation Blog
When entering a contract under Colorado law or attempting to enforce your rights when the other party breaches a contract, it is important to know and understand what rights you have and what claims you can bring or defenses you may have. One important consideration is Colorado’s version of the economic loss rule. The Colorado […]
When a buyer purchases a product that is later discovered to be defective, the court offers a remedy to make the buyer whole. Such remedies can arise either out of a contract, including express and/or implied warranties, or under common law through a tort theory. However, what happens when a buyer has already received the […]
For over twenty years, Higgins, Hopkins, McLain & Roswell has embodied and exemplified the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability. In doing so, we always have in the forefront of our minds our obligation to act as the […]
I remember it (almost) like it was yesterday. It was September of 2001, and I was a third-year associate at Long & Jaudon, practicing with the construction litigation group. After a long weekend away, I received word that the firm had just announced that it would cease providing legal services. Long & Jaudon, which […]
From the Fall 2021 Colorado Builder Magazine: To find the original version of this article, follow this link.
On May 24, 2021, the Colorado Supreme Court published its decision in Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n.[1] There, the Colorado Supreme Court was tasked with answering whether an insurer, who is defending its insured under a reservation of rights, is entitled to intervene as of right under C.R.C.P. 24(a)(2) where the insured enters into […]
About Higgins, Hopkins, McLain & Roswell Founded in 2001, Higgins, Hopkins, McLain & Roswell (“HHMR”) exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability. In doing so, we always have in the forefront of our […]
A recent e-mail blast from the American Subcontractors Association Colorado regarding House Bill 21-1167 included a “Fact Sheet” on the bill states: VOTE YES ON HB21-1167 PRIVATE CONSTRUCTION CONTRACT PAYMENTS Representatives Monica Duran & Perry Will and Senators Julie Gonzales & Ray Scott PROTECT SMALL– & MEDIUM– SIZED BUSINESSES VIA CONSTRUCTION RETAINAGE CAPS […]
One of the thorns in the side of every construction defect defense litigator is the implied warranty claim. The “implied warranty” is a promise that Colorado law is “implied” into every contract for a sale of a new home that the home was built in a workmanlike manner and is suitable for habitation. Defense attorneys […]
