This summer the Colorado Court of Appeals affirmed an interesting district court order concerning the court’s jurisdiction over a mechanic’s lien in a case ordered to arbitration. See Sure-Shock Electric, Inc. v. Diamond Lofts Venture, LLC, 2011 WL 2474513 (Colo. App. 2011). In that case, the defendant owned real property on which it constructed the […]
Colorado Construction Litigation Blog
In Weitz Co., LLC v. Ohio Cas. Ins. Co., the U.S. District Court for the District of Colorado was asked to rule on a motion to disqualify counsel in an insurance coverage action. 11-CV-00694-REB-BNB, 2011 WL 2535040 (D. Colo. June 27, 2011). Motions to disqualify counsel are viewed with suspicion, as courts “must guard against […]
Back in February, we ran an update regarding the Colorado Supreme Court’s proposed new set of civil procedure rules under the name Civil Access Pilot Project (CAPP). The previous update related how the first round of public hearings went and what was going to be the next step. The present entry comes on the heals […]
Recently, in Caribou Ridge Homes, LLC v. Zero Energy, LLC, et al., Case No. 10CV1094, Boulder County District Court Judge Ingrid S. Bakke entered a ruling and order on the Plaintiff’s Motion for Determination of Question of Law Pursuant to C.R.C.P. 56(h) on Issue of Damages. The Order found that the Plaintiff was not a […]
In 2005, One Creative Place (“Creative”) lost a bidding war with Jet Center Partners (“Jet Center”) for the exclusive rights to provide maintenance service and fuel sales at the Montrose Regional Airport. One Creative Place, LLC v. Jet Center Partners, LLC, (Colo. App. No. 10CA1887, May 26, 2011). Despite losing the bid, Creative continued to […]
I am pleased to inform you that I will be speaking at the “Construction Claims” seminar, to be held on June 24, 2011, from 8:30 a.m. to 4:30 p.m., at the Summit Conference & Event Center, 411 Sable Boulevard, Aurora, Colorado. My presentation, “Colorado Construction Law and Basics of Risk Management Given the Law,” will […]
In Dunn v. American Family Insurance, 09CA2173, 2010 WL 4791948 (Colo. App. Nov. 24, 2010), the Dunns reported a claim to American Family on their homeowners insurance policy after sewer and water backup caused sewage to flood their basement. American Family gave the Dunns contact information for a contractor (ICA) to remediate the flooding. However, […]
We have been following Senate Bill 11-068, which sought to eliminate the significant public impact component of claims under the Colorado Consumer Protection Act (the “CCPA”). That bill has now died in a House committee. The original version of the bill would have created a rebuttable presumption that a significant public impact occurred where a […]
The U.S. Court of Appeals for the Tenth Circuit recently concluded that the “owned property exclusion” applied to bar coverage for claims of property damage. See Panico v. State Farm Fire and Cas. Co., 2011 WL 322830 (10th Cir. 2011). In Panico, the plaintiffs sold property in Aspen, Colorado to the Taylors, who sued the […]
Higgins, Hopkins, McLain & Roswell (“HHMR”) is happy to announce that one of its attorneys has been selected as on of Colorado’s Super Lawyers by Super Lawyers magazine and that two other lawyers have been recognized as “Rising Stars.” David B. Higgins was chosen to receive the honor of being named as a 2011 Colorado […]
