A potentially important legislative bill has been introduced in waning days of the 2012 legislative session, which would change many of the commercial practices that prevail in the construction industry. Senate Bill 12-181 applies to all building and construction contracts and would prohibit any contract provision that requires a contractor, subcontractor, or supplier to waive […]
Colorado Construction Litigation Blog
Recently, the District Court of Weld County Colorado granted a motion for preliminary injunction regarding the enforceability of an arbitration provision in a purchase and sales agreement. Ms. Sue E. Otteman (the “Plaintiff”) signed a Purchase and Sale Agreement for a residence in Windsor, Colorado with Journey Homes, LLC (the “Defendant”). The agreement contained a […]
In TCD, Inc. v. American Family Mutual Insurance Company, TCD appealed the district court’s summary judgment ruling in favor of American Family. TCD, Inc. v. American Family Mutual Insurance Company Colo. App. No. 11CA1046 (April 12, 2012). TCD was the general contractor on a project to construct a building for Frisco General Gateway Center, LLC […]
Since its inception, HB 1394, memorialized as C.R.S. § 13-20-808, has gathered an increasing amount of attention. Part of the interest is due to the ambiguous nature of how the second part of the statute is being ruled on by trial courts. There is a dispute which has not yet been resolved by appellate courts […]
In a post on February 2, 2012, this blog discussed the case of Continental Western Insurance Company v. Shay Construction, Inc., 805 F.Supp.2d 1125 (D. Colo. 2011). Recently the Court ruled on two Motions to Reconsider filed by Defendants Milender White and Shay Construction. Procedurally, the Motions to Reconsider were ruled on by the Honorable […]
I was recently asked to write an article for the Common Interests magazine, the monthly periodical of the Rocky Mountain Chapter of the Community Associations Institute. In thinking about what I would say to community association managers, I came up with the idea of discussing those parts of construction defect litigation that get little coverage […]
Higgins, Hopkins, McLain & Roswell (“HHMR”) is proud to announce that two of its attorneys have been named among Colorado’s Super Lawyers by Super Lawyers magazine and that two of its lawyers have been recognized as Rising Stars. David B. Higgins (construction litigation and civil litigation defense) and Stephen Hopkins (construction litigation and personal injury […]
In multi-family construction defect litigation in Colorado, homeowners associations rely on associational standing to pursue claims affecting more than two units and to bring claims covering an entire development. This practice broadens an association’s case beyond what individual, aggrieved owners would otherwise bring on their own against a developer or builder-vendor. However, reliance on associational […]
On February 2, 2012, the Colorado Court of Appeals answered two questions of first impression under the Construction Defect Action Reform Act (“CDARA”) in Shaw Construction, LLC v. United Builders Services, Inc., 2012 WL 311665 (Colo. App.). Shaw Construction, LLC (“Shaw”), was the general contractor for a large residential project located in Stapleton. Shaw hired […]
In 2001, Swinerton Builders contracted with Beauvallon Corporation to construct The Beauvallon, a condominium building in downtown Denver. The contract, though amended, was an AIA Document A201, which included mandatory arbitration and a fee-shifting provision, which provided: In the event of any litigation between the parties, the prevailing party shall be entitled to reimbursement for […]
