Colorado Construction Litigation Blog

In Hubbell v. Carney Bros. Const., the Hubbells sought to build a home on land they had previously purchased. 05-CV-00026-CMA-KLM, 2010 WL 5147567 (D. Colo. Dec. 13, 2010). In order to finance the construction of the home, the Hubbells borrowed from Alpine Bank. Unsatisfied with the builders and design professionals midway through construction, the Hubbells […]

Last week’s Capitol Close-Up, a weekly legislative update from the Colorado Association of Home Builders, included a great synopsis of two new laws, which will become effective January 1, 2011.  The update reads as follows: Capitol Close-Up Monday, December 20, 2010 Below is information on two pieces of legislation that will become effective January 1, 2011 […]

If you have followed the events in Colorado’s legislature this year related to the construction industry, then you’re most likely familiar with the recent passage of HB 10-1394. HB 10-1394, now codified at C.R.S. § 10-4-110.4 and C.R.S. § 13-20-808, provides courts guidance when interpreting commercial general liability policies issued to construction professionals. Interestingly, although […]

The Colorado Court of Appeals in Hildebrand v. New Vista Homes II, LLC, 08CA2645, 2010 WL 4492356 (Colo. App. Nov. 10, 2010) held that part-time resident/owners of a home can receive inconvenience damages arising from the negligently built home. This case, which is an excellent example of how to prove many issues in construction litigation,[1] […]

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 […]

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 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 […]

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, […]

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 […]


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