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 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 4
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…
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
By David McLain
Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for…
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
By David McLain
In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down…
Celebrating Excellence: Lisa Bondy Dunn named by Law Week Colorado as the 2024 Barrister’s Best Construction Defects Lawyer for Defendants
By David McLain
We are thrilled to announce that our very own Lisa Bondy Dunn has been recognized by Law Week Colorado as the 2024 Barrister’s Best Construction Defects Lawyer for Defendants. This prestigious accolade is a testament to Lisa’s dedication, expertise, and…
Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors
The recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua…