I recently returned to Colorado from a two week trip to South Africa. The main purpose of the trip was to attend the Entrepreneurs’ Organization’s Cape Town University, which was a phenomenal experience. I was able to listen to exceptional speakers such as Lee Berger, Denis Goldberg, Gayton McKenzie, and Ian Thomas. After spending a […]
Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell is happy to welcome Heather Anderson, Brady Iandiorio, and Chad Johnson to our firm as associates. They will all specialize in the litigation of complex construction claims and construction defect cases. Heather Anderson A graduate of the University of Denver, College of Law, Heather has been licensed to practice law […]
In that there is no appellate law at this point interpreting or applying the recently enacted HB 10-1394, I find even district court orders on the topic to be very interesting. In Colorado Pool Systems, Inc., et al. v. Scottsdale Insurance Company, et al., The Honorable Christopher C. Cross set forth the pertinent facts as […]
In AC Excavating v. Yale, 2010WL3432219 (Colo. App. September 2, 2010), Donald Yale, a 44% shareholder of Antelope Development, LLC realized that his golf course development and management company was in trouble. Antelope had a bank account balance of just under $100,000 and liabilities to subcontractors and general business expenses of over $250,000. Yale decided […]
I am honored to have been asked again this year to present at the Colorado Association of Home Builders’ Rocky Mountain Builder Conference, to be held October 6 – 9 at the Park Hyatt Resort & Spa in Beaver Creek. Each year, the RMBC provides an amazing and fun opportunity for builders and those in […]
In a recent edition of the Home Builder Advocate, the Home Builders Association of Metro Denver included an article entitled, “What was accomplished by the passage of House Bill 1394? What does it mean to our industry?” In defense of the HBA’s support of the bill, the article states: Since the signing of House Bill […]
Later this week, our own Sheri Roswell, will moderate and participate in a panel discussion regarding Rocky Mountain Coverage and Current Trends. Other panelists will include: Robert N. Clark, Esq., Robertson Clark, LLP; Edward J. Godin, Esq., Godin & Baity; Michael A. Hearn, Esq., McKenzie Rhody & Hearn; Brad Ramming, Esq., Sweetbaum, Levin & Sands, […]
The United States Court of Appeals for the Tenth Circuit, interpreting Wyoming law, recently held that a reservation-of-rights letter from an insurance company to its insured was not sufficient to allow the insurer to recoup the costs of defending the insured in construction litigation. Rather than relying on a reservation-of-rights letter to seek recoupment of defense costs, an […]
I recently had the opportunity to represent a general contractor in a trial, defending against claims both of construction defects and of delay related damages. Ultimately the case settled during the trial and we were able to achieve a favorable result. Looking back on the trial, what stayed with me was the troublesome evidence introduced by the […]
Most lawyers know that a lack of signature on a written agreement does not necessarily negate the existence of a contract. Following the common law, if both parties mutually assent to an agreement then it may be legally enforced. Also, under the common law, if one party performs under the unsigned contract it may be […]