In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South
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.
Website:
https://hhmrlaw.com
Latest from Higgins, Hopkins, McLain & Roswell - Page 7
Colorado Court of Appeals confirms senior living communities as “residential properties” for purposes of the Homeowner Protection Act.
By Hal Baker
The Third Division of the Colorado Court of Appeals recently interpreted the Homeowner Protection Act of 2007 (the “HPA”) in Heights Healthcare v. BCER, 2023 COA 44, decided on May 25, 2023. The Court held that a senior living community…
Mitigating Legal Risks in Urban Sustainable Building
By David McLain
There is no doubt that urban sustainable building is a growing trend. More and more builders are looking to incorporate environmentally friendly practices into their projects, and governments are pushing for more sustainable development. However, this trend comes with a
…
Offshore Asset Protection Trusts
By David McLain
During a recent conference, I was reminded of the idea that risk management in construction can be thought of as a three-legged stool. The first leg involves risk management, where a construction professional creates and manages an effective quality assurance/quality…
Spend Some Time Sharpening Your Ax
By David McLain
Abraham Lincoln once said, “Give me six hours to chop down a tree and I will spend the first four sharpening the ax.” When the housing market is strong, it is hard to find time to do anything other than…
Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims
House Bill 23-1192 (“HB 23-1192”) is one of the proposed bills making its way through the Colorado legislative session this year. It purports to create additional protections in the Colorado Consumer Protection Act (“CCPA”), but instead threatens to put construction…
Colorado Legislature Considered Making CCPA Claims Drastically More Damaging to Construction Professionals: Why You Should Still Have Your Guard Up
By David McLain
On June 7, 2023, the Colorado Legislature passed House Bill 23-1192 (“HB 23-1192”), now codified at C.R.S. § 6-1-730. As it was first drafted, HB 23-1192 purported to create additional protections in the Colorado Consumer Protection Act (“CCPA”), but instead…
Dave McLain included in the 2023 edition of The Best Lawyers in America
Defense Verdict!
By David McLain
The post Defense Verdict! appeared first on Higgins, Hopkins, McLain & Roswell, LLC.
Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution
While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so. The result…