Colorado Construction Litigation Blog

On April 17, 2013, the Colorado Senate Judiciary Committee voted, along party lines, to postpone indefinitely SB 52. Here is a link to the Denver Business Journal’s story regarding the bill and its untimely demise: “Lawmakers kill lawsuit limits on condo defects.“Unfortunately, it will be at least another year before the legislature will have the ability […]

Here is an update regarding SB 52 from Amie Mayhew, Executive Director of the Colorado Association of Home Builders: Yesterday, the Senate Judiciary Committee heard the proponents testimony on SB-52.  Because the Senate was due back on the floor by 5:00 they were not able to hear all of the opponents or to deliberate.   SB-52 […]

After a long wait, Colorado SB 13-52 has been scheduled for its first hearing in the Senate Judiciary Committee on Monday, April 15th at 1:30. The long delay in hearing was caused by a desire to wait for the release of a study to determine why there are so few construction professionals willing to build […]

Travelers Indemnity Company (“Travelers”) recently won a decision against Larimer County regarding a claim for damage caused to the roofs of several buildings at the County Fairgrounds.  Travelers Indemnity Company v. Board of County Commissioners for Larimer County, Slip Copy, 2013 WL 238865, p. 1 (10thCir. 2013).  Larimer County alleged, in district court, that snowstorms […]

The following comes from a recent Capitol Close-Up, a legislative update from Amie Mayhew, Chief Executive Officer – Colorado Association of Home Builders: On February 11th, the Colorado Oil and Gas Conservation Commission (“COGCC”) voted 8-1 to approve a new set of setback rules.  One substantive change is to the effective date in Rule 604, which will […]

On January 17, 2013 Representative Fischer introduced House Bill 13-1090 into the Colorado House of Representatives. HB 1090 was assigned the House Business, Labor, Economic and Workforce Development Committee. The bill, sponsored by Senator Tochtrop in the Senate, sets the following requirements for both private and public construction contracts: The owner and contractor must make […]

In a prior blog post, we summarized the Court of Appeals decision in the case of AC Excavating, Inc. v. Yale, ___ P. 3d. ___, 2010 WL 3432219 (Colo. App. Sept. 2, 2010) which provided an interpretation of the Colorado Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127 (hereafter “the Trust Fund Statute”).  A divided […]

Keirns Construction Co. (“Keirns”) hired Landmark Engineering, Ltd. (“Landmark”) to provide a geotechnical investigation and foundation designs for two duplexes Keirns built in Larimer County.  Keirns and Landmark signed one contract in 2001 for the geotechnical work and two separate contracts in 2005 for the foundation design of the two duplexes.  Each contract contained an identical “risk […]

I received today a communication from the Colorado Association of Home Builders regarding the background and benefits of Senate Bill 13-052. Please take a moment to read this information. Please Support Senate Bill 13-52 Supporting Transit-Oriented Development and Multi-Family Housing Background: Affordable housing and transit-oriented, mixed-use developments—or TODs—are facing a crisis of scarcity in Colorado—especially […]

Higgins, Hopkins, McLain & Roswell is pleased to announce Bret L. Cogdill as Special Counsel (effective from January 1, 2013). Bret is a 2001 graduate of the University of Denver, College of Law and was awarded an internship with the State Department, serving at the U.S. Embassy in Sarajevo, Bosnia & Hercegovina. After graduating from […]


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