In a prior Colorado Construction Litigation blog entry, we presented concerns with Senate Bill 11-068, which seeks to eliminate the significant public impact component of claims under the Colorado Consumer Protection Act (the “CCPA”). On February 22, 2011, the Senate passed the bill in a 19 to 15 vote. As the bill made its way […]
Colorado Construction Litigation Blog
This blog recently ran an entry analyzing the Colorado Supreme Court’s proposed new set of civil procedure rules under the name Civil Access Pilot Project (CAPP). In that entry, besides dissecting certain concerns the new rules raise, this blog gave its readers information regarding the dates for both written and verbal comments to be raised at […]
Sen. Morgan Carroll (D-Arapahoe) and Rep. Judy Solano (D-Adams) introduced SB 11-68, titled “Concerning an Increase in Consumer Protection under the ‘Colorado Consumer Protection Act (“CCPA”).’” However, enacting SB 11-068 would offer no real additional protections to consumers in legitimate deceptive practice cases, cloud existing law, and make defending against baseless CCPA claims more onerous […]
A clear and unambiguous “premises owned” exclusion in homeowners insurance policies eliminates the duty to defend for all types of claims at all premises not listed in the policy. In Sachs v. American Family Mutual Insurance Company, the Sachses requested their homeowners insurance policy defend them for several claims, including a negligent misrepresentation claim for […]
The Colorado Supreme Court is enacting a new set of civil procedure rules specific to certain types of cases meant to streamline the litigation process and make civil cases more efficient and less expensive. The proposed rule changes, which have been dubbed the “Civil Access Pilot Project” (CAPP), will be enforced for a finite period […]
In Hubbell v. Carney Bros. Const., the Hubbells sought to build a home on land they had previously purchased. 05-CV-00026-CMA-KLM, 2010 WL 5147567 (D. Colo. Dec. 13, 2010). In order to finance the construction of the home, the Hubbells borrowed from Alpine Bank. Unsatisfied with the builders and design professionals midway through construction, the Hubbells […]
Last week’s Capitol Close-Up, a weekly legislative update from the Colorado Association of Home Builders, included a great synopsis of two new laws, which will become effective January 1, 2011. The update reads as follows: Capitol Close-Up Monday, December 20, 2010 Below is information on two pieces of legislation that will become effective January 1, 2011 […]
If you have followed the events in Colorado’s legislature this year related to the construction industry, then you’re most likely familiar with the recent passage of HB 10-1394. HB 10-1394, now codified at C.R.S. § 10-4-110.4 and C.R.S. § 13-20-808, provides courts guidance when interpreting commercial general liability policies issued to construction professionals. Interestingly, although […]
The Colorado Court of Appeals in Hildebrand v. New Vista Homes II, LLC, 08CA2645, 2010 WL 4492356 (Colo. App. Nov. 10, 2010) held that part-time resident/owners of a home can receive inconvenience damages arising from the negligently built home. This case, which is an excellent example of how to prove many issues in construction litigation,[1] […]
I recently returned to Colorado from a two week trip to South Africa. The main purpose of the trip was to attend the Entrepreneurs’ Organization’s Cape Town University, which was a phenomenal experience. I was able to listen to exceptional speakers such as Lee Berger, Denis Goldberg, Gayton McKenzie, and Ian Thomas. After spending a […]
