Colorado Construction Litigation Blog

There is no doubt that urban sustainable building is a growing trend. More and more builders are looking to incorporate environmentally friendly practices into their projects, and governments are pushing for more sustainable development. However, this trend comes with a certain level of risk for builders, as there are a number of legal challenges that […]

During a recent conference, I was reminded of the idea that risk management in construction can be thought of as a three-legged stool. The first leg involves risk management, where a construction professional creates and manages an effective quality assurance/quality control program to minimize the risk of design and construction defects. The second leg involves […]

Abraham Lincoln once said, “Give me six hours to chop down a tree and I will spend the first four sharpening the ax.” When the housing market is strong, it is hard to find time to do anything other than acquire lots; build, market and sell homes; and service warranty calls. With the softening of […]

As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and litigation landscape continually changes, it is a good practice to periodically update the forms you use in order to give yourself a fighting […]

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 […]

Most Common OSHA Violations Highlight Ongoing Risks

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 […]

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, […]

With increasing frequency in the construction defect cases we defend, we are seeing commercial general liability insurance policies with “subcontractor warranty” endorsements.  Also known as contractor or subcontractor special conditions, these endorsements could have severe and negative consequences for builders that do not comply with their requirements.  In researching for this article, I reviewed six different endorsements […]

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