By David M. McLain In my last article: “What a construction defect ‘win’ looks like for a builder,” I made the point that builders should go to great lengths to work with homeowners to resolve legitimate problems through the entire statute of repose, in order to prevent the homeowners from involving attorneys. Again, happy homeowners […]
Colorado Construction Litigation Blog
In excess of 30 states have enacted tort reform legislation requiring property owners to notify construction professionals of the presence of alleged construction defects prior to the commencement of a lawsuit. These statutes also often permit construction professionals to make an offer of repair within a statutorily defined period of time after receipt of a […]
On July 12, 2018, the Colorado Court of Appeals announced its decision in Lopez v. City of Grand Junction, 2018 WL 3384674 (Colo. App. 2018). The Court considered whether immunity is waived under Colorado’s Governmental Immunity Act (“CGIA”), pursuant to section C.R.S. § 24-10-106(1)(f), in situations where the public entity hired an independent contractor to […]
I recently had the opportunity to write an article for Colorado Builder Magazine, a snippet of which appears here. Since the 1990’s, construction defect litigation has focused on condominiums and townhomes. By representing homeowner associations instead of individual owners, plaintiffs’ attorneys can more easily aggregate claims, thereby increasing exponentially the claimed damages. * * […]
On October 20, 2016, the Colorado Court of Appeals announced the Sopris Lodging, LLC v. Schofield Excavation, Inc.[1] decision. The Sopris decision significantly altered the potential pitfalls awaiting a general contractor in pursuit of third-party claims as well as potential defenses available for a subcontractor defending against third-party claims. By way of background, the Sopris […]
Higgins, Hopkins, McLain & Roswell, LLC, a boutique firm located in Cherry Creek, has an immediate opening for a litigation associate with 1 – 3 years of experience in construction litigation or the defense of general casualty claims. To be a successful candidate, you must be an optimist, be well spoken, have exceptional research and […]
Higgins, Hopkins, McLain & Roswell, LLC, a boutique firm located in Cherry Creek, has an immediate opening for a litigation associate with 2 – 5 years of experience in construction litigation and/or insurance defense. To be successful a candidate, you must be an optimist, well spoken, have exceptional research and writing skills, and be able to […]
Since its inception, HB 1394, memorialized as C.R.S. § 13-20-808, has gathered an increasing amount of attention. Part of the interest is due to the ambiguous nature of how the second part of the statute is being ruled on by trial courts. There is a dispute which has not yet been resolved by appellate courts […]
For months, our firm has been receiving telephone calls and e-mail inquiries about an extortion scam related to the collection efforts of outstanding payday loans. The callers are receiving threatening calls from individuals claiming to be with the “Hopkins Law Firm” in Denver. They are demanding repayment of a past due payday loan, yet are […]
