On February 2, 2010, the Tenth Circuit Court of Appeals issued its decision in AIMCO v. Nutmeg Ins. Co., 593 F.3d 1188 (10th Cir. 2010). While not a construction defect case, this case is very interesting and will certainly have an impact on the determination of coverage (and in particular duty to defend cases) for […]
Colorado Construction Litigation Blog
I am happy to announce Colorado Construction Litigation, the blog by the attorneys at Higgins, Hopkins, McLain & Roswell, LLC has recently been listed in “55 Resources on State Construction Laws.” According to that posting: “Over the past few years, there has been an increasing emphasis on construction law and trends in construction law. Therefore, […]
Recently, Robert August suggested that I pick up a copy of Conflicts With Interest, a novel by Michael Ruddy. Having now read the book, I understand why he made the suggestion. Michael Ruddy is not just an author, he is a Colorado homebuilder who wrote a book about residential construction defect litigation. The biographical information from the […]
In an order by Judge Marcia Krieger, the homeowners in a recent construction defect case caught a lucky break. By way of background, Mark A. and Mark L. Hildebrand were the plaintiffs in a construction defect lawsuit against their builder, New Vista, and one of its principals, Richard Reeves. The claims against Mr. Reeves were […]
I am happy to have been asked to speak at a Colorado Construction Defect Law Seminar on February 25th. The seminar, sponsored by MC Consultants, Inc. and Esquire Solutions, will be held at the Brown Palace Hotel from 3:00 to 5:00 pm, followed by a networking cocktail reception. The first panel, from 3:00 to 4:00, […]
In a February 1, 2010 Order on Plaintiff United Fire’s Second Motion for Reconsideration, Judge Brimmer, of the United States District Court for the District of Colorado, dealt yet another blow to coverage for construction defect claims in Colorado. The court issued the order in the case of United Fire & Casualty Company v. Boulder Plaza […]
In an article in today’s online edition of the Denver Business Journal, Cathy Proctor reported that 85% of the contractors surveyed in Colorado by the AGC expect there to be no growth in 2010. Of the 52 contractors surveyed in Colorado (out of 700 surveyed nationally) an overwhelming majority stated that they did not believe […]
For those of you not glued to your computer screens watching the streaming coverage of the first day of the sixty-seventh Colorado General Assembly, Senator Morse introduced SB 10-045, “A bill for an act concerning increasing the rights of homeowners, and, in connection therewith, enacting the ‘Homeowner Protection Act of 2010.’” The bill was assigned […]
Today is the first day of the 2010 legislative session of the Colorado General Assembly. Hang on to your hats for the next 120 days, as it promises to be in interesting ride. According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to […]
The 2010 Construction Litigation Desk Reference, published by DRI – The Voice of the Defense Bar, is now available. DRI is the international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to DRI members and offers many opportunities for liaison among defense trial […]