Colorado Construction Litigation Blog

Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized four HHMR attorneys in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for their work in construction law and construction litigation. David M. McLain, Lisa Bondy Dunn, and Steven L. Heisdorffer […]

Last Friday, four members of the Higgins, Hopkins, McLain & Roswell team traded briefs, depositions, and construction litigation files for lumber, drills, and a day on a jobsite. HHMR attorneys Ricky Nolen, Amanda Tynan, Kyle Thompson, and Tanner Davis participated in the Home Builders Foundation’s 2026 Blitz Build, helping construct an accessibility ramp for Andrea, […]

Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation.  In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired.  Litigation should be a last resort, not an end in itself. […]

Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work […]

For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify.  The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known.  That distinction makes intuitive sense.  A defense that becomes due only after litigation concludes is […]

The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000 in attorney fees against a plaintiffs’ attorney who continued to pursue unsupported claims arising out of a residential construction dispute.  Although the opinion was not selected for official publication under C.A.R. 35(e) and therefore has no precedential value, it nevertheless […]

Adam is an experienced trial lawyer whose practice focuses on complex construction and commercial litigation. He represents developers, general contractors, subcontractors, and other construction professionals in matters involving alleged construction and design defects, breach of contract, warranty claims, negligence, fraud, and other business disputes. Before joining HHMR, Adam spent nearly two decades developing a broad […]

In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative. At the time, the decision may seem minor.  The project is moving quickly, […]

Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500.  In addition, each of the firm’s partners has been individually recognized in the same rankings. The firm’s […]

Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes.  Mr. McLain has been recognized by Super […]

Archives