Colorado developers, builders, and contractors should take notice of a recently published Colorado Court of Appeals decision that increases the financial exposure created by prevailing party attorneys’ fee clauses. In 1046 Munras Properties, L.P. v. Kabod Coffee, 2025 COA 71, the Court held, for the first time in a published Colorado case, that a prevailing […]
Colorado Construction Litigation Blog
We are pleased to announce that HHMR has once again been honored in the 2026 edition of the Best Law Firms® rankings. This year our firm received two regional tier designations in Colorado: Tier 2 in Colorado for Construction Law Tier 3 in Colorado for Litigation – Construction These rankings reflect the firm’s sustained commitment […]
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Lisa Bondy Dunn and David M. McLain have been recognized in the 2026 edition of The Best Lawyers in America® for their excellence in construction law and litigation. Lisa Dunn was recognized for Litigation – Construction, marking her first year on this prestigious list, […]
In Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024), the United States District Court for the District of Colorado addressed the duties and rights of multiple insurers that issued commercial general liability (“CGL”) policies to the same insured. The decision clarifies how subrogation and contribution apply when one carrier funds […]
In Michelle and Michael Parra v. Gillaspie Construction, Inc. and Johnson Excavation, Inc. (Colo. App. No. 18CA0800, Mar. 21, 2019), not selected for official publication, the Colorado Court of Appeals reaffirmed an essential principle for builders, homeowners, and insurers alike: under the Colorado Construction Defect Action Reform Act (“CDARA”), the statute of limitations begins to […]
In every discussion about Colorado’s housing affordability crisis, the discussion often focuses on the ill effects of construction defect litigation. While that issue certainly affects the supply of attainable for-sale housing, particularly condominiums and townhomes, it is far from the only factor driving up the cost of housing in the Denver Metro area. A new […]
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: […]
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 […]