A key feature of the Construction Defect Action Reform Act (C.R.S. §§ 13-20-801, et seq.), was to establish the Notice of Claim (“NOC”) process, found in C.R.S. § 13-20-803.5. There are several deadlines and important factors for a construction professional to consider when responding to a NOC. Before a homeowner, homeowners association, or owner of […]
Colorado Construction Litigation Blog
On June 10, 2010, I had the privilege of speaking to members of the Construction Defect Claim Managers Association (“CDCMA”) in Irvine, California. The CDCMA’s purpose is to foster communication and trust amongst its membership and to permit continuing education, leading to effective and efficient claims handling methods and mechanisms for the benefit of insureds, […]
On May 10, 2010, the Colorado Supreme Court issued its decision in Smith v. Executive Custom Homes, Inc., 2010 WL 1840828 (Colo. May 10, 2010). The facts and procedural history of the case are as follows: The Smiths live in a newly-constructed “patio home” built by ECH, which is located in a retirement community managed […]
After passing third reading in the Senate on May 4th, HB 10-1394 went to the Governor’s office for the first time. Because of pressure from insurance companies, the Governor’s office urged the parties interested in HB 10-1394 to continue working on compromise language and threatened that the bill would be vetoed if the parties could not […]
In today’s online edition of the Denver Business Journal, Ed Sealover reported that the “Bill that bothered Colorado builders dies without a hearing.” In a hearing today of the Senate State, Veterans and Military Affairs Committee, Senate Majority Leader John Morse asked the committee to postpone Senate Bill 45 indefinitely after stating that the issues […]
One of the problems for commercial property owners involves work done at the request of a tenant (i.e., tenant finish, tenant remodel, tenant repairs, or other similar work) that can become the obligation of the property owner. Specifically, a mechanic’s lien claim can be brought by the unpaid general contractor, trade subcontractor, and/or material supplier […]
In three previous entries (first on January 13, 2010 – “Colorado Homeowner Protection Act of 2010. Much ado about nothing or Trojan horse?,” then on March 16, 2010 “Is a Legislative Attack on Colorado Homebuilders Imminent?,” and finally on April 2, 2010 “Will there be a construction defects bill in 2010? When will we know?“), I […]
On Wednesday, the Senate Business, Labor & Technology Committee considered HB 10-1394 and referred the bill, unamended, to the Senate Committee of the Whole. The bill is currently calandered for Second Reading in the Senate on Monday, May 3rd. Prior to the hearing on Wedneday, stakeholders from all affected industries (homeowners, builders, subcontractors, insurers, and […]
Yesterday I posted the American Subcontractors Association of Colorado’s opposition piece to Colorado House Bill 10-1394. Upon returning to my office, I found in my inbox the documents prepared by the Colorado Association of Home Builders to set the record straight. Correcting the Record: Response to American Subcontractors Association of Colorado Opposition to HB-1394 What […]
On April 21st, House Bill 10-1394 passed Second Reading in the House, after being amended. The current version of the bill, found here, had two significant amendments prior to its passage out of the House. First, in section one of the bill, the language of section 13-20-808(3)(a)(VI) was changed to read: THE WORK OF A CONSTRUCTION […]
