Yesterday I posted the American Subcontractors Association of Colorado’s opposition piece to Colorado House Bill 10-1394. Upon returning to my office, I found in my inbox the documents prepared by the Colorado Association of Home Builders to set the record straight. Correcting the Record: Response to American Subcontractors Association of Colorado Opposition to HB-1394 What […]
Colorado Construction Litigation Blog
On April 21st, House Bill 10-1394 passed Second Reading in the House, after being amended. The current version of the bill, found here, had two significant amendments prior to its passage out of the House. First, in section one of the bill, the language of section 13-20-808(3)(a)(VI) was changed to read: THE WORK OF A CONSTRUCTION […]
As previously reported, HB 10-1394 was introduced into the Colorado House of Representatives on April 1, 2010. For information or background regarding the bill, you can read our previous blog entry here. The bill was amended by the House Business Affairs and Labor Committee and passed out of the committee on an 11-0 vote on […]
Yesterday, Representative Joe Rice introduced into the Colorado House of Representatives House Bill 10-1394, “A Bill for an Act Concerning Professional Liability Insurance Policies Issued to Construction Professionals.” The bill, also sponsored by Senator Mark Scheffel, was assigned to the House Business Affairs and Labor Committee, which happens to be chaired by Representative Rice. The summary of […]
On February 2, 2010, the Tenth Circuit Court of Appeals issued its decision in AIMCO v. Nutmeg Ins. Co., 593 F.3d 1188 (10th Cir. 2010). While not a construction defect case, this case is very interesting and will certainly have an impact on the determination of coverage (and in particular duty to defend cases) for […]
Recently, Robert August suggested that I pick up a copy of Conflicts With Interest, a novel by Michael Ruddy. Having now read the book, I understand why he made the suggestion. Michael Ruddy is not just an author, he is a Colorado homebuilder who wrote a book about residential construction defect litigation. The biographical information from the […]
In an order by Judge Marcia Krieger, the homeowners in a recent construction defect case caught a lucky break. By way of background, Mark A. and Mark L. Hildebrand were the plaintiffs in a construction defect lawsuit against their builder, New Vista, and one of its principals, Richard Reeves. The claims against Mr. Reeves were […]
Recently, several insurance and construction professionals have contacted us regarding the differences between claims made and occurrence based commercial general liability (CGL) insurance policies. A brief explanation of the key differences is provided below. An occurrence based CGL policy is insurance coverage for a fixed window in time (determined by the policy effective dates) that […]
