I was recently asked to write an article for the Common Interests magazine, the monthly periodical of the Rocky Mountain Chapter of the Community Associations Institute. In thinking about what I would say to community association managers, I came up with the idea of discussing those parts of construction defect litigation that get little coverage […]
Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell (“HHMR”) is proud to announce that two of its attorneys have been named among Colorado’s Super Lawyers by Super Lawyers magazine and that two of its lawyers have been recognized as Rising Stars. David B. Higgins (construction litigation and civil litigation defense) and Stephen Hopkins (construction litigation and personal injury […]
In 2001, Swinerton Builders contracted with Beauvallon Corporation to construct The Beauvallon, a condominium building in downtown Denver. The contract, though amended, was an AIA Document A201, which included mandatory arbitration and a fee-shifting provision, which provided: In the event of any litigation between the parties, the prevailing party shall be entitled to reimbursement for […]
Higgins, Hopkins, McLain & Roswell is pleased to announce the promotion to partner (with effect from January 1, 2012) of Derek J. Lindenschmidt. Since joining the firm in 2006, Derek’s practice has focused on representation of construction professionals in a wide variety of both litigated and non-litigated matters, including the defense of developers and general […]
Yesterday was the first day of the 2012 legislative session of the Colorado General Assembly, which promises to be an exciting year. From what we have heard around town (and from the mouth of a plaintiffs’ construction defect attorney at an out-of-state seminar) there is likely to be a construction defects bill at the Capitol […]
Developers in Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument whereby they seek to hold the developer liable for one hundred percent of the damages in a construction defect action as a fiduciary under Colorado law. As most of us know, developers […]
On November 4, 2011, the Colorado Legislative Action Committee (“CLAC”) Licensing Task Force of the Community Association Institute (“CAI”) submitted a Sunrise Review Application for Licensure of Common Interest Community Association Managers. You can view a copy of the application here. This blog entry will briefly describe the application, and then discuss why Colorado construction […]
For months, our firm has been receiving telephone calls and e-mail inquiries about an extortion scam related to the collection efforts of outstanding payday loans. The callers are receiving threatening calls from individuals claiming to be with the “Hopkins Law Firm” in Denver. They are demanding repayment of a past due payday loan, yet are […]
In Palu and Beyer v. Toney, 2011 WL 2560249 (Bankr. D. Colo.), the United States Bankruptcy Court for the District of Colorado determined that a Colorado District Court order granting summary judgment in favor of plaintiff homebuyers was binding on the Bankruptcy Court in the defendant contractor’s bankruptcy proceeding based on issue preclusion.[1] Pertinent to […]
On November 1, 2011, the Tenth Circuit Court of Appeals ruled on the certified question of whether property damage caused by a subcontractor’s faulty workmanship is an “occurrence” for purposes of a commercial general liability (CGL) insurance policy. In Greystone Const., Inc. v. National Fire & Marine Ins. Co., No. 09-1412 (10th Cir. Nov. 1, […]