In Hubbell v. Carney Bros. Const., the Hubbells sought to build a home on land they had previously purchased. 05-CV-00026-CMA-KLM, 2010 WL 5147567 (D. Colo. Dec. 13, 2010). In order to finance the construction of the home, the Hubbells borrowed from Alpine Bank. Unsatisfied with the builders and design professionals midway through construction, the Hubbells […]
Colorado Construction Litigation Blog
If you have followed the events in Colorado’s legislature this year related to the construction industry, then you’re most likely familiar with the recent passage of HB 10-1394. HB 10-1394, now codified at C.R.S. § 10-4-110.4 and C.R.S. § 13-20-808, provides courts guidance when interpreting commercial general liability policies issued to construction professionals. Interestingly, although […]
The Colorado Court of Appeals in Hildebrand v. New Vista Homes II, LLC, 08CA2645, 2010 WL 4492356 (Colo. App. Nov. 10, 2010) held that part-time resident/owners of a home can receive inconvenience damages arising from the negligently built home. This case, which is an excellent example of how to prove many issues in construction litigation,[1] […]
In AC Excavating v. Yale, 2010WL3432219 (Colo. App. September 2, 2010), Donald Yale, a 44% shareholder of Antelope Development, LLC realized that his golf course development and management company was in trouble. Antelope had a bank account balance of just under $100,000 and liabilities to subcontractors and general business expenses of over $250,000. Yale decided […]
The United States Court of Appeals for the Tenth Circuit, interpreting Wyoming law, recently held that a reservation-of-rights letter from an insurance company to its insured was not sufficient to allow the insurer to recoup the costs of defending the insured in construction litigation. Rather than relying on a reservation-of-rights letter to seek recoupment of defense costs, an […]
Most lawyers know that a lack of signature on a written agreement does not necessarily negate the existence of a contract. Following the common law, if both parties mutually assent to an agreement then it may be legally enforced. Also, under the common law, if one party performs under the unsigned contract it may be […]
In some cases, plaintiffs may be able to force a dispute into a court proceeding even though an arbitration agreement between the parties controls and even though the defendants may argue that an arbitration clause divests the court system of its jurisdiction over the dispute seeking to have the matter resolved through arbitration instead of a […]
As many of you are aware, in May of this year Governor Ritter signed into law Colorado House Bill 10-1394, soon to be codified as C.R.S. § 13-20-808(3). Among other effects, the bill retroactively changes the duty of insurers to defend construction professionals in construction liability cases. The bill faced staunch opposition from insurers, agents, […]
A key feature of the Construction Defect Action Reform Act (C.R.S. §§ 13-20-801, et seq.), was to establish the Notice of Claim (“NOC”) process, found in C.R.S. § 13-20-803.5. There are several deadlines and important factors for a construction professional to consider when responding to a NOC. Before a homeowner, homeowners association, or owner of […]
On June 10, 2010, I had the privilege of speaking to members of the Construction Defect Claim Managers Association (“CDCMA”) in Irvine, California. The CDCMA’s purpose is to foster communication and trust amongst its membership and to permit continuing education, leading to effective and efficient claims handling methods and mechanisms for the benefit of insureds, […]