HB 26-1311 gives contractors and subcontractors a new way to recover cash retainage. But can that statutory right be waived in a construction contract? Colorado’s General Assembly has once again changed the rules governing retainage on private construction projects. With the passage of House Bill 26-1311, effective August 12, 2026, contractors and subcontractors now have […]
Colorado Construction Litigation Blog
A construction company underpays an employee by $2.32 for a single day’s work. It corrects the employee’s hourly rate the next day but never reimburses the $2.32. Could that oversight lead to substantial statutory penalties? Denver’s ordinance permits a $100-per-worker daily penalty when a violation “occurred or continued,” but no identified Colorado decision has decided […]
Colorado built its reputation on opportunity. For decades, the state attracted families, workers, entrepreneurs, and employers who saw a place to build a future. Its mountains and quality of life remain extraordinary, but the economics of living here have changed. Increasingly, the question is not whether people want to live in Colorado. It is whether […]
Recording a mechanic’s lien is an important tool for Colorado contractors seeking payment for labor, materials, and services furnished on construction projects. But what happens when a contractor records a lien and subsequently discovers that the amount claimed is incorrect? Can the contractor amend the lien to reduce the amount owed, even after the statutory […]
Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems. The Problem: Six Homes, One Building Envelope Consider a hypothetical six-unit townhome building in Colorado. Each residence is individually owned. There is no homeowners association […]
When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer force another to participate in the defense or indemnification of their common insured? If the other insurer refuses, what remedies are available? As is often the case in insurance coverage litigation, the answer depends on precisely what claim is being […]
Colorado’s construction defect statutes establish specific requirements for notices of claim and statutory tolling. It is time for courts and arbitrators to enforce them. There is a frustrating tendency in some Colorado construction defect litigation to treat virtually any written complaint about construction work as a statutory notice of claim under the Construction Defect Action […]
On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and […]
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, Kyle Thompson, and Tanner Davis participated in the Home Builders Foundation’s 2026 Blitz Build, helping construct an accessibility ramp for Andrea, a Denver-area […]