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
Continue Reading Colorado requires builders to accommodate high-efficiency devices in new homes
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
Continue Reading Colorado’s abbreviated legislative session offers builders a reprieve
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
Continue Reading David McLain Recognized Among the 2021 Edition of The Best Lawyers in America© for Construction Law
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
Continue Reading Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right.
This year’s Colorado State Legislative session was cut short. However, in the period of time Colorado’s Legislature was in session, it passed and evaluated important legislation for Colorado homebuilders. This article highlights relevant legislation for Colorado homebuilders.
Continue Reading Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348
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
Continue Reading Most Common OSHA Violations Highlight Ongoing Risks
As previously reported, for certain consumer and employment arbitrations, Senate Bill 20-93 would have:
Continue Reading Colorado Legislature Postpones Indefinitely SB 20-093
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
Continue Reading Scholarships Available for the 2020 CLM Claims College
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:
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
Continue Reading Don’t Conspire to Build a Home…Wait…What?
