Another jury verdict adverse to a builder.

I came across an interesting tidbit in the Jury Verdict Reporter of Colorado today involving a case in which Lennar sued a framing subcontractor in subrogation for money paid out to a homeowner on a personal injury claim.  After a two-day jury trial in Jefferson County, the jury found Lennar to be 100% responsible for the homeowner’s injuries.  While seemingly based on Lennar’s involvement in self-performing repairs to known defects in the framing, presumably without reporting them to D&R Framing or asking the framer to fix its own work, it is another example of juries’ hostilities towards builders.

This is yet another example demonstrating why we work so hard to get every matter into arbitration instead of in front of a jury.  To ensure that a builder has every opportunity to demand arbitration, it is important that all pertinent documents (i.e., the purchase and sale agreement, limited warranties, subcontracts, and subcontractor warranties) have fully-integrated arbitration provisions.

If you would like to discuss what your company can do to best protect itself from construction defect claims, or to minimize their impact if they are made, please contact me at (303) 987-9813 or mclain@hhmrlaw.com.  To learn more about construction defect claims in Colorado, please request a copy of our Overview of Construction Defect Litigation in Colorado, by sending me an e-mail.

Recent Posts

Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized…

4 weeks ago

Building More Than a Ramp: HHMR and the Home Builders Foundation

Last Friday, four members of the Higgins, Hopkins, McLain & Roswell team traded briefs, depositions,…

4 weeks ago

The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to…

4 weeks ago

Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

Editor's Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals' decision in…

1 month ago

Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

For decades, Colorado law has recognized an important distinction between the duty to defend and…

1 month ago

Colorado Court Affirms Attorneys’ Fee Award Against Plaintiff’s Counsel for Pursuing Unsupported CCPA Claims

The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000…

2 months ago