In multi-family construction defect litigation in Colorado, homeowners associations rely on associational standing to pursue claims affecting more than two units and to bring claims covering an entire development. This practice broadens an association’s case beyond what individual, aggrieved owners would otherwise bring on their own against a developer or builder-vendor. However, reliance on associational […]
Colorado Construction Litigation Blog
On February 2, 2012, the Colorado Court of Appeals answered two questions of first impression under the Construction Defect Action Reform Act (“CDARA”) in Shaw Construction, LLC v. United Builders Services, Inc., 2012 WL 311665 (Colo. App.). Shaw Construction, LLC (“Shaw”), was the general contractor for a large residential project located in Stapleton. Shaw hired […]
Recently, United States District Court Judge Miller ruled in favor of a motion for partial summary judgment in the case of Continental Western Insurance Company v. Shay Construction, Inc. Continental Western Insurance Company v. Shay Construction, Inc., 2011 WL 3236102 (D. Colo. 2011). Judge Miller’s order ruled on arguments between the insurance carrier (“Continental Western”) […]
If you take a look at the bottom of any page of your (or your client’s) insurance contract, it is most likely a copyrighted form issued by Insurance Services Office, Inc. (ISO). ISO develops standardized insurance policy language and forms that most insurer companies use in order to create insurance policies for consumers. ISO has […]
Yesterday was the first day of the 2012 legislative session of the Colorado General Assembly, which promises to be an exciting year. From what we have heard around town (and from the mouth of a plaintiffs’ construction defect attorney at an out-of-state seminar) there is likely to be a construction defects bill at the Capitol […]
Developers in Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument whereby they seek to hold the developer liable for one hundred percent of the damages in a construction defect action as a fiduciary under Colorado law. As most of us know, developers […]
On November 4, 2011, the Colorado Legislative Action Committee (“CLAC”) Licensing Task Force of the Community Association Institute (“CAI”) submitted a Sunrise Review Application for Licensure of Common Interest Community Association Managers. You can view a copy of the application here. This blog entry will briefly describe the application, and then discuss why Colorado construction […]
In Palu and Beyer v. Toney, 2011 WL 2560249 (Bankr. D. Colo.), the United States Bankruptcy Court for the District of Colorado determined that a Colorado District Court order granting summary judgment in favor of plaintiff homebuyers was binding on the Bankruptcy Court in the defendant contractor’s bankruptcy proceeding based on issue preclusion.[1] Pertinent to […]
On September 26, 2011, the United States District Court for the District of Colorado issued an order that denied American Family Mutual Insurance Company’s motion for summary judgment regarding claims arising out of an alleged breach of insurance contract brought by High Street Lofts Condominium Association, Inc. (“High Street”). High St. Lofts Condo. Ass’n, Inc. […]
With the downturn in the economy over the last few years, and the fact that the homebuilding industry has been particularly hard hit, I have heard from clients and colleagues that more and more builders are discontinuing their annual renewable commercial general liability insurance programs, deciding instead to go bare. This absolutely scares the crap […]
