Higgins, Hopkins, McLain & Roswell

Higgins, Hopkins, McLain & Roswell Blogs

Latest from Higgins, Hopkins, McLain & Roswell

As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and litigation landscape continually changes, it is a good practice to periodically update the forms you use in order to give yourself a fighting chance if and when the plaintiffs’ attorneys come knocking on your door. As you engage in this process, I hope…
As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day.  Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out.  The mediator, a retired judge, gently reminds you of his prior commitment—a speaking engagement at a volunteer charity dinner event that night.  Though the parties started the day at opposite ends of the spectrum, after…
Higgins, Hopkins, McLain & Roswell is pleased to announce that Carin Ramirez and David McLain were recently selected by their peers for inclusion in The Best Lawyers in America© for 2021. Carin Ramirez has been recognized for her work in insurance litigation and David McLain has been recognized for his work in construction law.  Carin Ramirez has over 11 years of experience in civil defense litigation with an emphasis on the defense of construction defect…
This week I received an e-mail from a developer client with whom we have recently been working on a residential construction defect matter.  I receive a lot of e-mails during any given week, but this one struck me.  Short and sweet, the e-mail reads: Dave, Just thinking today about the legal problems in the last couple years.  I just wanted you to know that there isn’t a day that goes by that I don’t think…
Starting in 2009, the Colorado Legislature began adding requirements that builders offer certain options to accommodate high-efficiency devices. These requirements started with solar prewire options in 2009, then water-smart home options in 2010. In 2020, the Legislature added requirements for electric vehicle charging and heating systems. These sections apply to unoccupied homes serving as sales inventory or a model home or manufactured homes, as defined by Colorado law. While the Legislature has only required builders…
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…