We are thrilled to announce that David M. McLain, a founding partner of Higgins, Hopkins, McLain & Roswell, LLC, has been recognized in the prestigious publication, The Best Lawyers in America® 2025. David has earned this honor for his outstanding
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 5
Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims
By David McLain
In the case of Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners (2024 COA 78), the Colorado Court of Appeals reviewed a complex contract dispute related to the design and construction of a transit rail line. The project,…
Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
By David McLain
The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate…
Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits
By David McLain
In the recent case of 5333 Mattress King LLC v. Hanover Insurance Company, the United States District Court for the District of Colorado provided significant insights into the limits of builders’ risk insurance policies. Mattress King LLC, a warehouse owner,…
City of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity Act
By David McLain
On June 17, 2024, the Colorado Supreme Court delivered a significant opinion in the case of City of Aspen v. Burlingame Ranch II Condominium Owners Association (Case No. 22SC293). This decision provides crucial guidance on the interplay between the Colorado…
Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims
By David McLain
Construction contractors in the market for insurance coverage have few legal protections if their insurance agent fails to provide insurance that covers likely claims against the contractor. As construction defect lawsuits continue to be a frequent occurrence throughout Colorado, we…
Action Needed: HB24-1230 Spells Trouble for Colorado Construction Industry and its Insurers
By David McLain
In an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House Bill 24-1230 on February 12, 2024. The bill was assigned to the House Judiciary Committee and is scheduled for hearing on March 6th, during the…
HB24-1014: A Warning Bell for Colorado Businesses Amid Potential Consumer Protection Changes
HB24-1014 stands to eliminate the longstanding public impact requirement found within C.R.S. § 6-1-105(2) of the Colorado Consumer Protection Act (“CCPA”). While this proposed change professes the noblest intentions of “public peace, health or safety,” its effect portends a large…
At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way
By David McLain
On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of…
The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers
By David McLain
January 10th marked the first day of the 2024 Colorado legislative session. After the pomp and circumstance of opening day, a total of eighty-six bills were introduced. Among them, two impact the construction and insurance industries. First, House Bill 24-1008…