Colorado Construction Litigation

Latest from Colorado Construction Litigation

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…
In any other year, we currently would be about one month away from the end of the regular legislative session, but this is not any other year.  In mid-March, and in response to growing concerns over the COVID-19 pandemic, the Legislature temporarily adjourned, 67 days into our Constitutionally-mandated 120-day legislative session.  The Legislature sought guidance from the Colorado Supreme Court, asking: [W]hether language in article V, section 7 of the Colorado Constitution limiting the length…
Prior to the Great Recession, condominiums and townhomes accounted for approximately 26%-27% of all permits pulled along the Front Range, and were referred to as “affordable housing,” meaning that you could find homes that were inexpensive or reasonably priced. Now that term has all but disappeared, to be replaced by “attainable housing.” In other words, it is possible to become a homeowner in Colorado, but it is by no means affordable. To encourage more condominium…
As COVID-19 continues to impact our world and communities, the well-being of our clients and colleagues is our paramount concern. Higgins, Hopkins, McLain & Roswell has instituted additional measures intended to ensure business continuity and service of our clients’ needs without interruption. Our longstanding availability of secure, remote access for all employees is ongoing, with support from our Firm’s third party IT professionals. We continue to accept new work assignments; our systems are fully functioning.…