In its recent decision in Mid-Century Insurance Co. v. HIVE Construction, Inc., 2025 CO 17, the Colorado Supreme Court definitively closed the door on an often-litigated theory: that the economic loss rule does not bar tort claims based on willful
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Coverage Confusion: When Your Insurance Broker Gets It Wrong
In the intricate world of construction, builders often rely heavily on insurance brokers to secure appropriate insurance coverage, and trust that they will be protected against unforeseen liabilities. However, a recent Colorado district court decision serves as a stark reminder…
The “Colorado American Dream Act:” H.B. 25-1272’s Construction Defect Reforms
By David McLain
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,…
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…