Colorado Construction Litigation

Latest from Colorado Construction Litigation

Division V of the Colorado Court of Appeals addressed, for the first time, corporate veil-piercing in the context of a single-member, single-purpose LLC that is managed under a contract by another company.  On July 3, 2019, the Court of Appeals reversed the order of the Honorable Ross B. Buchannan, Denver District Court Judge (17CA2102), who held that Plaintiff/Appellee Christopher Hinds satisfied the elements required to pierce the corporate veil of Sedgwick Properties Development Corporation (“Sedgwick”). …
By Jean Meyer On May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.[1] on the importance of ripeness in declaratory judgment insurance actions and bad faith counterclaims. The case arrived in front of Judge Jackson based on the following fact pattern. A homeowner association (Bolt Factory Lofts…
Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”).  The bills broaden remedies, make more conduct a breach of the CCPA, and include purely private transactions in the type of conduct that falls within the scope of the CCPA.  The bills are House Bill 19-1289 (“House Bill”) and Senate Bill 19-237(“Senate Bill”).  As of April 29, 2019, the House Bill has passed the…
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 4, 2019 through Saturday, September 7, 2019. As a result of my service I am able to offer scholarships (registration fee only) to industry professionals (insurance – risk, adjusters, claims, etc. and corporate) interested in attending. Please e-mail me by…
By: David M. McLain As a lawyer that has spent his career defending against construction defect claims, one of the most common questions I get when counseling clients regarding risk management is: “What are the most commonly claimed issues in construction defect litigation?” Until very recently, my answer to this question has been based on my own experience and knowledge on the subject, and only vaguely reliant on empirical data. Recently, two engineers, Elizabeth Brogan…
By Steve Heisdorffer One of the 407 bills the Colorado legislature is considering as of the date of this blog post is House Bill 19-1170, the Residential Tenants Health and Safety Act, which can be found at https://leg.colorado.gov/bills/hb19-1170and clicking on the link for the recent bill text.  The bill passed the House on February 26 and is in the Senate for consideration. The bill currently adds two substantive conditions to those conditions that make…
Higgins, Hopkins, McLain & Roswell, LLC, has an immediate opening for a full time Office Clerk/Receptionist. The position requires a candidate who will enthusiastically welcome the opportunity to learn new skills and energetically assist other staff members and attorneys as a team player. The right candidate must have a professional and courteous demeanor. Office experience a plus. Skills and qualifications: Knowledge of Microsoft Word, Excel, and Outlook Able to work independently Self-motivated Highly organized Solid…
The purpose of this whitepaper is to bring attention to a trend in K-12 and municipal construction contracts, which expands the time periods for law suits against construction professionals. Introduction and Background Under Colorado statute, the period of time within which a legal action for construction defects may be brought against a construction professional in Colorado is two years from when the claimant (or its predecessor in interest) discovers or in the exercise of reasonable…
Higgins, Hopkins, McLain & Roswell is pleased to announce that Steve Heisdorffer has joined the firm as Special Counsel.  Steve joins the firm after having been a partner at Godin & Baity, LLC for the last twenty-five years.  Mr. Heisdorffer represents construction professionals in construction defect disputes and advises them regarding risk mitigation and transfer. Mr. Heisdorffer is an experienced trial lawyer that has tried commercial disputes and construction defect cases in arbitration forums and courts…