As previously discussed over the last few months in this blog, HB 10-1394 has been creating a lot of waves in the Colorado insurance industry and among those that it insures in the construction industry. A compendium of previous entries related to HB 10-1394 can be found here. The latest news is that Governor Ritter […]
Colorado Construction Litigation Blog
After passing third reading in the Senate on May 4th, HB 10-1394 went to the Governor’s office for the first time. Because of pressure from insurance companies, the Governor’s office urged the parties interested in HB 10-1394 to continue working on compromise language and threatened that the bill would be vetoed if the parties could not […]
On Wednesday, the Senate Business, Labor & Technology Committee considered HB 10-1394 and referred the bill, unamended, to the Senate Committee of the Whole. The bill is currently calandered for Second Reading in the Senate on Monday, May 3rd. Prior to the hearing on Wedneday, stakeholders from all affected industries (homeowners, builders, subcontractors, insurers, and […]
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 […]
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 […]
Subcontract agreements often include provisions requiring a subcontractor to defend and to indemnify a general contractor. If properly phrased in the subcontract agreement, the duty to defend can be triggered more easily than, and is distinct from, the duty to indemnify. In Lafarge North America, Inc. v. KECI Colorado, Inc., 2010 WL 726052 (Colo. App., March […]
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 […]
