In Greystone Const., Inc. v. National Fire & Marine Ins. Co., 649 F.Supp. 2d 1213 (D. Colo. 2009), a contractor and one of its insurers brought an action against a second insurer after the second insurer refused to fund the contractor’s defense in construction defect actions brought by homeowners. Relying heavily upon the reasoning of […]
Colorado Construction Litigation Blog
In General Security Indemnity Co. of Arizona v. Mountain States Mut. Cas. Co., 205 P.3d 529 (Colo. App. 2009), a framing subcontractor’s insurer brought a contribution and indemnification action against a sub-subcontractor’s commercial general liability insurers. The framer’s carrier sought relief for the sub-sub’s insurer’s failure to fund the framing subcontractor’s defense costs related to […]
In an article in today’s online edition of the Denver Business Journal, Cathy Proctor reported that 85% of the contractors surveyed in Colorado by the AGC expect there to be no growth in 2010. Of the 52 contractors surveyed in Colorado (out of 700 surveyed nationally) an overwhelming majority stated that they did not believe […]
In Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008), a homeowner brought an action against the manufacturer of a defective Entran II hose used in an embedded heating system. The homeowner sought to recover the cost of replacing the entire heating system. The rubber hose that was part of the system […]
In Thermo Development, Inc. v. Central Masonry Corp., 195 P.3d 1166 (Colo. App. 2008), the developers brought an action for contribution and indemnity against masonry and plaster subcontractors upon settling a water intrusion claim asserted by a condominium owner and condominium association. The developers argued that C.R.S. § 13-80-104(1)(b)(II)(B) permitted them to file claims against […]
Today is the first day of the 2010 legislative session of the Colorado General Assembly. Hang on to your hats for the next 120 days, as it promises to be in interesting ride. According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to […]
The 2010 Construction Litigation Desk Reference, published by DRI – The Voice of the Defense Bar, is now available. DRI is the international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to DRI members and offers many opportunities for liaison among defense trial […]
As we near the end of another year, we begin to look forward to the next legislative session, which will begin on January 13, 2010. Having been involved in construction defect litigation for close to two decades, HHMR attorneys are often asked to assist the legislative efforts of the Colorado Association of Home Builders, and 2010 will be […]
