In that there is no appellate law at this point interpreting or applying the recently enacted HB 10-1394, I find even district court orders on the topic to be very interesting. In Colorado Pool Systems, Inc., et al. v. Scottsdale Insurance Company, et al., The Honorable Christopher C. Cross set forth the pertinent facts as […]
Colorado Construction Litigation Blog
I am honored to have been asked again this year to present at the Colorado Association of Home Builders’ Rocky Mountain Builder Conference, to be held October 6 – 9 at the Park Hyatt Resort & Spa in Beaver Creek. Each year, the RMBC provides an amazing and fun opportunity for builders and those in […]
The United States Court of Appeals for the Tenth Circuit, interpreting Wyoming law, recently held that a reservation-of-rights letter from an insurance company to its insured was not sufficient to allow the insurer to recoup the costs of defending the insured in construction litigation. Rather than relying on a reservation-of-rights letter to seek recoupment of defense costs, an […]
I recently had the opportunity to represent a general contractor in a trial, defending against claims both of construction defects and of delay related damages. Ultimately the case settled during the trial and we were able to achieve a favorable result. Looking back on the trial, what stayed with me was the troublesome evidence introduced by the […]
In United Fire Group ex rel. Metamorphosis Salon v. Powers Elec., Inc., — P.3d —, 2010 WL 2521752 (Colo. App., June 24, 2010), the Colorado Court of Appeals addressed the proper application of C.R.S. § 13-80-104 in Colorado construction defect cases. The essential facts of the case were that Gary Powers d/b/a Powers Electric, Inc. installed […]
Higgins, Hopkins, McLain & Roswell, LLC is looking to add a new associate to our construction law practice. Our firm has always focused on construction law and the litigation of construction claims, so a background in engineering or construction would be beneficial. We are not necessarily looking for someone with previous legal experience, just someone […]
During a recent continuing legal education class at which I was speaking, I was approached by an attorney who posed a question about the effect of a foreclosure on a residential construction defect action. The question, essentially, was what happens to homeowners’ construction defect claims after they lose their home in a foreclosure action? What happens when the construction […]
While reading through some recent volumes of the Jury Verdict Reporter of Colorado, I came across two construction defect cases which went to trial earlier this year. The first case, Peggy Foster and Heidi Daughan v. James Sparr was tried in Gunnison County District Court from January 25-28 in front of the Honorable Roger Ogborn. […]
For those of you not familiar with IRMI, it is the International Risk Management Institute, Inc., a powerhouse in terms of providing accurate and insightful information regarding insurance and insurance coverage. According to its website, IRMI’s ” mission is to be the premier authority in providing expert advice and practical strategies for risk management, insurance, […]
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 […]
