I was recently asked to write an article for the Colorado Builder Forum, the Journal of the Colorado Association of Home Builders. Being an attorney that has devoted my career to defending Colorado homebuilders involved in construction defect lawsuits, the topic I chose was naturally strategies for minimizing the risks associated with building in Colorado […]
Colorado Construction Litigation Blog
Below is the text of e-mail communication sent yesterday from Colorado’s Democratic Leadership to Democratic Committeepersons attending tonight’s party caucuses: Subject: A Caucus Message from Colorado’s Democratic LeadershipAn Important Caucus Message from the Democratic Leader’s of Colorado’s General Assembly From: President of the Senate Brandon ShafferSpeaker of the House Terrance CarrollAsst. House Majority Leader Andy KerrSenate Majority Leader […]
In Cochran v. West Glenwood Springs Sanitation District, 223 P.3d 123 (Colo. App. 2009), the plaintiff-homeowner brought a claim against the sanitation district alleging that its negligent maintenance of a sewer line damaged her home. Pursuant to the court’s factual findings, the plaintiff’s claim accrued, and she discovered her injury, on August 24, 2006. She […]
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 […]
I am happy to announce Colorado Construction Litigation, the blog by the attorneys at Higgins, Hopkins, McLain & Roswell, LLC has recently been listed in “55 Resources on State Construction Laws.” According to that posting: “Over the past few years, there has been an increasing emphasis on construction law and trends in construction law. Therefore, […]
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 […]
I am happy to have been asked to speak at a Colorado Construction Defect Law Seminar on February 25th. The seminar, sponsored by MC Consultants, Inc. and Esquire Solutions, will be held at the Brown Palace Hotel from 3:00 to 5:00 pm, followed by a networking cocktail reception. The first panel, from 3:00 to 4:00, […]
In a February 1, 2010 Order on Plaintiff United Fire’s Second Motion for Reconsideration, Judge Brimmer, of the United States District Court for the District of Colorado, dealt yet another blow to coverage for construction defect claims in Colorado. The court issued the order in the case of United Fire & Casualty Company v. Boulder Plaza […]
