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

Action Needed: HB24-1230 Spells Trouble for Colorado Construction Industry and its Insurers

In an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House…

2 months ago

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…

3 months ago

At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106…

3 months ago

The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers

January 10th marked the first day of the 2024 Colorado legislative session.  After the pomp…

4 months ago

Higgins, Hopkins, McLain & Roswell Recognized in 2024 Best Law Firm® Rankings

We are thrilled to announce that Higgins, Hopkins, McLain & Roswell, LLC ("HHMR") has been…

6 months ago