Colorado Construction Litigation Blog

On June 7, 2023, the Colorado Legislature passed House Bill 23-1192 (“HB 23-1192”), now codified at C.R.S. § 6-1-730.  As it was first drafted, HB 23-1192 purported to create additional protections in the Colorado Consumer Protection Act (“CCPA”), but instead threatened to put construction professionals at an increased risk during litigation.  Under Section One of […]

Colleagues and friends: I am pleased to share with you that I have been recognized in the 2023 edition of The Best Lawyers in America for my work in construction law.  This honor comes as a surprise and is a testament to the dedication and hard work of my team at Higgins, Hopkins, McLain & […]

Defense Verdict!

While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so.  The result for Colorado’s construction professionals may rear its ugly head as an unwelcome and surprise outright […]

Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders.  Colorado state law can be a minefield of potential liability for construction professionals.  Even though the state legislature has stated that it must “recognize that Construction defect laws are an existing policy issue that many […]

Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022.  The Court held that the faulty workmanship exclusion at […]

In general, issues relating to employment law occur in all industries. However, some issues are more likely to be raised in certain employment contexts. For example, office work environments tend to give rise to harassment and discrimination claims while wage and hour disputes and workplace safety claims are common in the oil and gas industry. […]

Gov. Jared Polis signed the Colorado Healthy Families and Workplaces Act (HFWA) on July 14, 2020, and it became effective at the start of this year. It requires that all employers provide each employee paid sick leave as and to provide statutory notice of such rights. Among other changes to Colorado’s requirements pertaining to paid sick leave, […]

Founded in 2001, Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) exists to embody and exemplify the principles of service and stewardship.  In everything we do, we focus on serving our clients selflessly and to the best of our ability.  In doing so, we always have in the forefront of our minds our obligation to act […]

Over the past ten years, Colorado has seen a population growth of almost 15 percent, with many residing in Denver.  In fact, in 2020, Denver ranked among the top five cities for inbound growth in the United States.  At the same time, from 2010 through 2020, the state’s production of new housing decreased by 40 […]

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