Higgins, Hopkins, McLain & Roswell is pleased to announce that David McLain was recently selected by their peers for inclusion in The Best Lawyers in America© for 2021. David McLain has been recognized for his work in construction law. David McLain has over 22 years of experience and is well known for his work in […]
Colorado Construction Litigation Blog
This week I received an e-mail from a developer client with whom we have recently been working on a residential construction defect matter. I receive a lot of e-mails during any given week, but this one struck me. Short and sweet, the e-mail reads: Dave, Just thinking today about the legal problems in the last […]
Starting in 2009, the Colorado Legislature began adding requirements that builders offer certain options to accommodate high-efficiency devices. These requirements started with solar prewire options in 2009, then water-smart home options in 2010. In 2020, the Legislature added requirements for electric vehicle charging and heating systems. These sections apply to unoccupied homes serving as sales inventory or a model […]
Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days […]
David McLain is a founding member of Higgins, Hopkins, McLain & Roswell. Mr. McLain has over 22 years of experience and is well known for his work in the defense of the construction industry, particularly in the area of construction defect litigation. He is a member of the Executive Committee of the CLM Claims College – […]
As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop of owing duty of […]
This year’s Colorado State Legislative session was cut short. However, in the period of time Colorado’s Legislature was in session, it passed and evaluated important legislation for Colorado homebuilders. This article highlights relevant legislation for Colorado homebuilders. 1. HB 20-1155 This Billcreates new requirements on new homebuilders to offer renewable energy systems to the buyer […]
In the 12 months from October 2018 through September 2019, the most recent period reported by OSHA,[1] the workplace safety agency cited the following standards[2]more than any other in the 28 states which do not have OSHA-approved state plans, including Colorado: 1926.501 – Duty to have fall protection – included in 459 citations, resulting in $2,475,596 in […]
As previously reported, for certain consumer and employment arbitrations, Senate Bill 20-93 would have: Prohibited the waiver of standards for and challenges for evident partiality prior to a claim being filed and required any waiver of such provisions after the claim is filed to be in writing; Provided that the right of a party to challenge […]
I am pleased to have been invited to serve on the Executive Council and Faculty for this year’s CLM Claims College – School of Construction, which will be held at the Marriott Baltimore Waterfront from Wednesday, September 9, 2020 through Saturday, September 12, 2020. This year’s Level 1 courses are being held virtually, so there is no […]
