On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address Colorado’s housing crisis by encouraging construction of for-sale multifamily housing,
Higgins, Hopkins, McLain & Roswell
Higgins, Hopkins, McLain & Roswell (HHMR) is a Colorado-based law firm specializing in construction law and litigation. The firm provides legal services to builders, developers, contractors, and insurers, focusing on construction defect defense, contract disputes, insurance defense, mechanic's liens, professional liability defense, civil litigation, and employment law. HHMR emphasizes strategic, cost-effective solutions tailored to the construction industry's unique risks and regulatory challenges. Their publications and blog posts typically analyze recent legal developments, case law, and practical guidance relevant to construction professionals and insurers in Colorado, aiming to help clients manage risk and resolve disputes efficiently.
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https://hhmrlaw.com
Latest from Higgins, Hopkins, McLain & Roswell - Page 4
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
By David McLain
In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the…
Colorado Senate Bill 25-157: A Gift to Plaintiffs’ Attorneys That Will Cost Colorado Businesses and Homebuyers
By David McLain
Over the years, plaintiff’s attorneys have steadily attempted to chip away at the guardrails that keep Colorado Consumer Protection Act (“CCPA”) claims in check. Over the last few years, the General Assembly has considered a number of bills designed to…
Colorado Senate Bill 25-185: Preserving Homeowners’ Rights to Assert Negligence Claims Against Subcontractors and Design Professionals
By David McLain
For years, Colorado’s economic loss rule has not applied to residential construction and has not impeded the ability of homeowners to hold general contractors, subcontractors, design professionals, or other construction professionals accountable for negligent work. Specifically, the Colorado Supreme Court…
Colorado House Bill 25-1261 Will Skyrocket Housing Costs — Here’s Why You Should Oppose It
By David McLain
Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will ultimately drive up the cost of housing, particularly for affordable condominiums and townhomes. This bill makes it easier to sue…
Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction
By David McLain
The cost of housing in Colorado has been an ongoing concern for homeowners, tenants, and developers alike. Senate Bill 25-131 (S.B. 25-131) seeks to address some of these issues by modifying laws related to construction defect claims, landlord-tenant relationships,…
Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts
By David McLain
The Colorado Court of Appeals recently issued a significant decision in Veolia Water Technologies, Inc. v. Antero Treatment LLC, 2024 COA 126, clarifying the scope of the economic loss rule and the role of fraudulent misrepresentation in design-build contracts. The…
Higgins, Hopkins, McLain & Roswell, LLC Announces Leadership Changes and New Vision for Growth
By David McLain
Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership…
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
By David McLain
Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for…
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
By David McLain
In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down…