The 2010 Construction Litigation Desk Reference, published by DRI – The Voice of the Defense Bar, is now available. DRI is the international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to DRI members and offers many opportunities for liaison among defense trial […]
Colorado Construction Litigation Blog
According to the latest available information, it appears as though Senator Morse will introduce the Homeowner Protection Act of 2010 as early as next Wednesday, January 13th. Although Senator Morse has not shared drafts of this bill, insiders anticipate that it will have roughly the same provisions as did last year’s, unsuccessful, Homeowner Protection Act […]
The December 14th volume of the Jury Verdict Reporter of Colorado contained a write up regarding the Whispering Pines Townhomes Association v. Whispering Pines Company, Inc. suit, tried before Judge Lyman in Archuleta County District Court July 29 through August 17, 2009. According to the association’s website, Whispering Pines is a community of 59 townhomes […]
As we near another legislative session, I am in the process of refining the manner in which I communicate with those interested in construction defect legislation in Colorado, including builders, subcontractors, design professionals, insurers, and attorneys. Instead of ham and egging my communications through a combination of my own Outlook e-mails and co-opting the CDLA […]
According to the November 23, 2009 Jury Verdct Reporter of Colorado (which I assume got held up in the mail somewhere), there was a trial last summer in El Paso County District Court involving a sub-subcontractor (Barnett) claiming to have been injured on a residential construction site. Barnett claimed to have been injured when he […]
According to Paula Moore’s recent article in the Denver Business Journal, it is likely that plaintiffs’ attorneys will run another bill this year similar to Senate Bill 09-246, also known as the Homeowner Protection Act of 2009 (HPA of 2009). That bill, sponsored by Senator Morse, was intended to legislatively overturn the 2008 Goodyear Tire & […]
As previously reported, I will be serving as a voting member of the 2010 Colorado Association of Home Builders Government Affairs Committee. Based on my experience in litigating construction defect cases on behalf of general contractors and developers throughout Colorado, I have been asked to serve on the Construction Defect Task Force. As in years […]
After having defended innumerable construction defect lawsuits on behalf of developers, general contractors, and other construction professionals, I find myself wondering more and more often about what happens to homeowners, in particular, those in multi-family developments governed by homeowners associations, after the construction defect case settles and all of the attorneys have gone home. While […]
According to a report in today’s online version of the Denver Business Journal, the amended version of the U.S. Senate’s health reform bill includes a penalty provision for small construction firms that don’t offer insurance to their employees. Under the original version of the bill, businesses with more than 50 employees would have to pay a $750 […]
I came across an interesting tidbit in the Jury Verdict Reporter of Colorado today involving a case in which Lennar sued a framing subcontractor in subrogation for money paid out to a homeowner on a personal injury claim. After a two-day jury trial in Jefferson County, the jury found Lennar to be 100% responsible for the […]
