Higgins, Hopkins, McLain & Roswell

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Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days into the 120-day legislative session. After a two-month recess, the Legislature returned for approximately one month to pass critical bills…
David McLain is a founding member of Higgins, Hopkins, McLain & Roswell.  Mr. McLain has over 22 years of experience and is well known for his work in the defense of the construction industry, particularly in the area of construction defect litigation. He is a member of the Executive Committee of the CLM Claims College – School of Construction, which is the premier course for insurance, industry, and legal professionals. Law Week Colorado recently named Mr.…
As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages.  Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible.  From the insurer’s perspective and against the backdrop of owing duty of good faith and fair dealing to its insureds, however, it is generally better to have an allocation of covered vs.…
In the 12 months from October 2018 through September 2019, the most recent period reported by OSHA,[1] the workplace safety agency cited the following standards[2]more than any other in the 28 states which do not have OSHA-approved state plans, including Colorado: 1926.501 – Duty to have fall protection – included in 459 citations, resulting in $2,475,596 in penalties ($5,393/citation); 1926.451 – General requirements for scaffolds – included in 265 citations, resulting in $834,324…
As previously reported, for certain consumer and employment arbitrations, Senate Bill 20-93 would have: Prohibited the waiver of standards for and challenges for evident partiality prior to a claim being filed and required any waiver of such provisions after the claim is filed to be in writing; Provided that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of…
I am pleased to have been invited to serve on the Executive Council and Faculty for this year’s CLM Claims College – School of Construction, which will be held at the Marriott Baltimore Waterfront from Wednesday, September 9, 2020 through Saturday, September 12, 2020.  This year’s Level 1 courses are being held virtually, so there is no need to travel to Baltimore if you are interested in starting the three-year program this year. As a result of…
As previously reported, SB 20-138, “Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects,” would have extended the Colorado statute of repose applicable to construction defect claims.  Senate Bill 20-138, if enacted, would have: Extended Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years; Required tolling of the statute of repose until the claimant discovers not only the physical manifestation of a construction defect, but also its…
In 1986, the Colorado General Assembly enacted the Pro Rata Liability Act, codified at C.R.S. § 13-21-111.5, which eliminated joint and several liability for defendants in favor of pro rata liability.[1] The statute was “designed to avoid holding defendants liable for an amount of compensatory damages reflecting more than their respective degrees of fault.”[2] However, the following year, the Colorado legislature carved out an exception to preserve joint liability for persons “who consciously…
This year, HHMR is stepping up to help HomeAid Colorado’s Builders for Babies Diaper Drive.  As you can imagine, the requirement for support to families in need is now greater than ever. Due to the critical shortage of diapers available to those who require help, the annual Builders for Babies Diaper Drive will be running through June 21st! Normally, Builders for Babies is a one-day collection event. This year, HomeAid Colorado kicked off early to…