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 […]
Colorado Construction Litigation Blog
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 […]
As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and litigation landscape continually changes, it is a good practice to periodically update the forms you use in order to give yourself a fighting […]
As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior commitment—a speaking engagement at […]
Higgins, Hopkins, McLain & Roswell is pleased to announce that David McLain was recently selected by their peers for inclusion in The Best Lawyers in America© for 2021. David McLain has been recognized for his work in construction law. David McLain has over 22 years of experience and is well known for his work in […]
