This past Blitz Build season, the Home Builders Foundation (“HBF”) once again brought together builders, tradespeople, volunteer crews, and sponsors from across the Front Range for their signature program: Blitz Build. From May through October, Blitz Build weekends give HBF clients, those living with physical disabilities, access to something many of us take for granted: […]
Colorado Construction Litigation Blog
When a national homebuilder faced a premises liability and negligence lawsuit in Colorado, HHMR’s Andrew Vogelgesang stepped in to methodically analyze the claims and protect the client’s interests. The plaintiff alleged a trip-and-fall incident on a public sidewalk and named several parties as defendants. Plaintiff’s counsel supplied photographs of the alleged defect, and Andrew used […]
The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool Company”) over alleged defects in Pool Company’s […]
In a recent Colorado Court of Appeals decision, Kritzer v. Qwest Corporation, the Colorado Court of Appeals reaffirmed the protections offered by the statute of repose under Colorado’s Construction Defect Action Reform Act (“CDARA”)—but also reminded practitioners that those protections are not absolute. For construction professionals, subcontractors, and public utilities, the case illustrates how ongoing […]
A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court of Appeals reaffirmed the reach of claim preclusion in construction disputes, holding that a contractor […]
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to address the state’s well-documented shortage of for-sale multifamily housing, particularly condominiums and townhomes, by creating a voluntary program for developers and builders who agree to […]
In its recent decision in Mid-Century Insurance Co. v. HIVE Construction, Inc., 2025 CO 17, the Colorado Supreme Court definitively closed the door on an often-litigated theory: that the economic loss rule does not bar tort claims based on willful and wanton conduct. The ruling clarifies a lingering ambiguity in Colorado law and underscores the […]
In the intricate world of construction, builders often rely heavily on insurance brokers to secure appropriate insurance coverage, and trust that they will be protected against unforeseen liabilities. However, a recent Colorado district court decision serves as a stark reminder of the perils associated with such reliance, especially when the builder’s expectations and communications with […]
On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address Colorado’s housing crisis by encouraging construction of for-sale multifamily housing, such as condominiums and townhomes, through targeted legal reforms. H.B. 25-1272 would create a new, […]
In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores the importance of understanding the statutory […]