This year, HHMR is stepping up to help HomeAid Colorado’s Builders for Babies Diaper Drive. As you can imagine, the requirement for support to families in need is now greater than ever. Due to the critical shortage of diapers available to those who require help, the annual Builders for Babies Diaper Drive will be running […]
Colorado Construction Litigation Blog
In any other year, we currently would be about one month away from the end of the regular legislative session, but this is not any other year. In mid-March, and in response to growing concerns over the COVID-19 pandemic, the Legislature temporarily adjourned, 67 days into our Constitutionally-mandated 120-day legislative session. The Legislature sought guidance […]
Prior to the Great Recession, condominiums and townhomes accounted for approximately 26%-27% of all permits pulled along the Front Range, and were referred to as “affordable housing,” meaning that you could find homes that were inexpensive or reasonably priced. Now that term has all but disappeared, to be replaced by “attainable housing.” In other words, […]
As COVID-19 continues to impact our world and communities, the well-being of our clients and colleagues is our paramount concern. Higgins, Hopkins, McLain & Roswell has instituted additional measures intended to ensure business continuity and service of our clients’ needs without interruption. Our longstanding availability of secure, remote access for all employees is ongoing, with […]
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 […]
EIFS, or Exterior Insulation and Finish System, is an integrated exterior insulation and synthetic stucco system, praised for its energy efficiency.[1] However, EIFS has come to be well known in the construction defect world as placing homes at risk due to a lack of a built-in moisture management system. Before long, insurance companies recognized the […]
On June 24, 2019, the Colorado Supreme Court held that when a contract or insurance policy requires an “impartial” appraisal, the appraiser for a party cannot be an advocate for that party.[1] In this situation, the appraiser must be unbiased, disinterested, without prejudice, and unswayed by personal interest. Id. Owners Insurance Company (“Owners”) issued a […]
On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or prove a failure-to-cooperate defense […]
On Tuesday, February 18th, the Colorado House Business Affairs & Labor Committee voted 10-0 to postpone indefinitely House Bill 1046. If it had been enacted, HB 1046 would have required, for all for all construction contracts of at least $150,000: A property owner to make partial payments to the contractor of any amount due under the […]
Here is a rundown of the latest goings on at the Colorado State Capitol: SB 20-138 – Concerning increased consumer protection for homeowners seeking relief for construction defects. As previously discussed, if enacted, Senate Bill 20-138 would: Extend Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years; Require tolling of the […]
