Colorado Construction Litigation Blog

In Colorado, the “complaint rule” requires insurance carriers to provide a defense to its insured when the allegations contained in the complaint allege any set of facts that may fall within an insurance policy.  Some insurers have pushed back on this rule arguing that it may cause an insurer to exercise its duty to defend […]

On April 21, 2016, the Colorado Court of Appeals issued an opinion that immediately drew the ire of the greater real estate development industry and those concerned about affordable housing in a state in the midst of unprecedented soaring rent and housing prices. The Landmark Towers Assn., Inc. v. UMB Bank, N.A., 2016 COA 61, […]

Higgins, Hopkins, McLain & Roswell, LLC, located in Cherry Creek, has an opening for a litigation associate with 3-5 years experience in Civil Litigation, preferably in Construction Defect and/or in General Casualty/Insurance Defense. Deposition experience needed. Trial experience is a significant plus. We seek team players who are detail-oriented. We offer a competitive salary commensurate […]

On March 16th, Sheri Roswell, Lisa Dunn, and Dave McLain will be speaking at a seminar covering risk management, insurance, and a legislative overview: 3:00 – 3:15         Program Introductions3:15 – 3:40         Managing Risk and Legal Considerations3:40 – 4:05         Insurance – Considerations, Options, Builder’s Risk and Third-Party Inspections4:05 […]

Dave McLain, Sheri Roswell, and Lisa Bondy Dunn will be speaking at the final installment of a four-part series hosted by the Construction Resource Group‘s entitled “Everything You Need to Know About Risk Management Through the Life of Your Project and Beyond.”  The November 11th Lunch & Learn, “You Did Everything Right – And You […]

It is my sincere pleasure to announce Law Week Colorado named my friend and partner, Dave McLain, as the 2015 Barrister’s Best Construction Defects Lawyer for Defendants.  Law Week Colorado’s summary of David’s accomplishments includes the following recognition:  David McLain has set himself apart in the heated area of construction defects litigation as a founding […]

David M. McLain, Attorney, Higgins, Hopkins, McLain & Roswell, LLC will be speaking at the CLM 2015 School of Construction.  The 2015 Claims College will be held in Philadelphia, Pennsylvania, September 9-12.   Each school is comprised of three levels and successful completion of all levels in a particular school will earn participants a respected and […]

Many cities in Denver’s metropolitan areas are experiencing tremendous growth. For more than a year, Colorado has been reported to be in a building boom. However even with the noticeable expansion, some areas still suffer from a lack of housing options specific to multifamily developments. Sean Ford, Mayor of Commerce City, stated that “[the city] […]

On May 7th, the Colorado Court of Appeals issued its much anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015).  By way of background, the Vallagio at Inverness Residential Condominiums were developed by Metro Inverness, LLC, which also served as the declarant […]

Senate Bill 177, the Colorado housing community’s effort to reinvigorate the construction of attainable multi-family housing and quell construction defect lawsuits, was killed by the House State, Veterans and Military Affairs Committee on Monday evening on a party-line vote. Although the bill received significant bipartisan support in the Senate, a broad coalition of municipalities, builders, […]

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