This past Blitz Build season, the Home Builders Foundation (“HBF”) once again brought together builders, tradespeople, volunteer crews, and sponsors from across the Front Range for their signature program: Blitz Build. From May through October, Blitz Build weekends give
Colorado Construction Litigation
Colorado Construction Litigation, published by Higgins, Hopkins, McLain & Roswell, focuses on legal issues affecting the construction industry in Colorado. The blog covers topics such as construction defect claims, contract disputes, risk mitigation strategies, insurance defense related to construction projects, and mechanic's liens. It also addresses professional liability defense for architects, engineers, and contractors, as well as employment law matters relevant to construction businesses. The content includes analysis of recent court decisions, legislative developments, and practical guidance for builders, developers, insurers, and contractors navigating construction-related legal challenges in Colorado.
Latest from Colorado Construction Litigation - Page 3
Strategic Investigation and Thorough Advocacy Leads to Dismissal and Fee Recovery for National Builder
By David McLain
When a national homebuilder faced a premises liability and negligence lawsuit in Colorado, HHMR’s Andrew Vogelgesang stepped in to methodically analyze the claims and protect the client’s interests.
The plaintiff alleged a trip-and-fall incident on a public sidewalk and named…
Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable
The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable.
Background of the Dispute
This dispute arose between MW Golden…
Colorado Appeals Court Clarifies “Control” Exception to Statute of Repose
By David McLain
In a recent Colorado Court of Appeals decision, Kritzer v. Qwest Corporation, the Colorado Court of Appeals reaffirmed the protections offered by the statute of repose under Colorado’s Construction Defect Action Reform Act (“CDARA”)—but also reminded practitioners that those protections…
No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion
By Gail Gudder
A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court…
New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders
By David McLain
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to address the state’s well-documented shortage of for-sale multifamily housing, particularly…
No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule
By David McLain
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…
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…