NEWS RELEASE February 12, 2020 METRO AREA MAYORS URGE NO VOTE ON SB 93 AS WRITTEN Hancock: “Now is not the time to shift Colorado into reverse and undo the great work this General Assembly has done to promote attainable housing.” Denver, CO – Today, Denver area mayors joined the chorus of business organizations, housing […]
Colorado Construction Litigation Blog
On January 27th, Senator Robert Rodriguezintroduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years […]
In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued a single excess liability policy for the […]
With the 2019 Colorado legislative session well underway, the construction industry is waiting with bated breath to see what the Democrat controlled legislature might do with respect to construction defect legislation. In recent years, having a split legislature has prevented any attempts to roll back positive changes in the law, either from the legislature or […]
I am honored to have been invited to speak at the Mortgage Bankers Association Condominium Lending Workshop 2018. I will be participating as a panelist on the Condo Defect Panel: The CO Perspective, along with Nate Santillanes, CRIS, Director – Risk Management, CoBiz Insurance and moderated by Katie Fritch, Bank Officer – UW Support Manager, […]
At Long Last, the Colorado Legislature Passed Construction Defect Reform By David M. McLain On May 23, 2017, Governor Hickenlooper signed HB17-1279 into law. The bill states that before an HOA’s executive board can institute a construction defect action, it must provide notice of the anticipated commencement of the action to each of the HOA’s […]
Dave McLain will again be serving as an instructor at the CLM’s Claims College – School of Construction, to be held this year at the Marriott Baltimore Waterfront in Baltimore, Maryland on Wednesday, September 6, 2017 through Saturday, September 9, 2017. Overview of the 2017 School of Construction Construction claims present myriad complexities in claim handling. […]
On March 17th, House Bill 17-1279, concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action, was introduced and assigned to the House State, Veterans, and Military Affairs Committee. The bill is currently scheduled for its first committee hearing on March 29th, at […]
On March 9, 2017, the Colorado Court of Appeals announced its decision in Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Company, No. 16CA0101, 2017 COA 31 (Colo. App. Mar. 9, 2017). As a matter of first impression, the Court evaluated whether a senior living facility constitutes “residential property” protected by the Homeowner Protection Act […]
