Colorado Construction Litigation Blog

As previously reported, Senator Scott’s SB 91, as originally introduced, would have reduced Colorado’s statute of repose for construction defect actions from eight years to four years.  Yesterday, the Senate State, Veterans & Military Affairs Committee heard Senate Bill 91 and, before passing the bill on a party line vote sending it back to the […]

SB177 is scheduled to be heard in the Senate Business, Labor, & Technology Committee (Room 271) on Wednesday, March 18th, at 1:30 p.m.   Please take a moment to urge your State Legislators to SUPPORT SENATE BILL 177 and help fix the defect in Colorado’s construction law. A big hurdle to building more entry-level housing is a […]

      Whether you are in the market to downsize or are looking to be a first time home buyer, you have likely noticed that your housing options in Colorado have become extremely limited over the course of the last several years.  If you are a contractor and have worked on multi-family projects in the […]

On February 10, 2015, Senators Scheffel and Ulibarri introduced Senate Bill 15-177, which is sponsored in the House by Representatives DelGrosso and Singer. SB 15-177 amends the prerequisites, found in the Colorado Common Interest Ownership Act (“CCIOA”), for an association to file a construction defect action.  The bill has been assigned to the Senate Committee […]

In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims.  An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy. Greystone Construction, Inc. v. National Fire & Marine Insurance, […]

As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill.  It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, […]

For those of you reading this blog who are familiar with Colorado’s law as it pertains to construction defect actions, which I assume to be anyone reading this blog as it does not seem to get much random traffic, you are probably aware that the statute of repose applicable to construction defect actions in Colorado is generally thought […]

During the summer of 2011, Ellis Construction hired Cool Sunshine Heating & Air Conditioning to install the HVAC systems in a single-family home it was building for Gary Doberman and Ellen Robertson in Boulder, Colorado. The homeowners took issue with much of the work performed on their home and tried to negotiate directly with Ellis […]

In a recent case arising out of a denial of coverage for alleged construction defect claims concerning a pre-fabricated home, the U.S. District Court for the District of Colorado applied the 10th Circuit’s determination of what can constitute an “occurrence” under a commercial general liability (“CGL”) policy.  SeeWardcraft Homes, Inc. v. Employers Mutual Cas. Co., […]

Construction Defect Reform – A Legislative Preview December 10, 2014 – 3:00 to 5:00 pm 2 hours CLE applied for Happy Hour to Follow Members Only  There is no question that the conversation surrounding construction defect litigation and legislation is both intensifying and that it has changed tone. Instead of being a dispute between the […]

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