In some cases, plaintiffs may be able to force a dispute into a court proceeding even though an arbitration agreement between the parties controls and even though the defendants may argue that an arbitration clause divests the court system of its jurisdiction over the dispute seeking to have the matter resolved through arbitration instead of a […]
Colorado Construction Litigation Blog
I am happy to have been invited recently to join the Council on Litigation Management. After learning more about the organization, I decided to join and am a proud new member. About the Council on Litigation Management: Founded in 2007, the Council on Litigation Management (“CLM”) is a nonpartisan alliance committed to furthering the highest standards […]
In United Fire Group ex rel. Metamorphosis Salon v. Powers Elec., Inc., — P.3d —, 2010 WL 2521752 (Colo. App., June 24, 2010), the Colorado Court of Appeals addressed the proper application of C.R.S. § 13-80-104 in Colorado construction defect cases. The essential facts of the case were that Gary Powers d/b/a Powers Electric, Inc. installed […]
Higgins, Hopkins, McLain & Roswell, LLC is looking to add a new associate to our construction law practice. Our firm has always focused on construction law and the litigation of construction claims, so a background in engineering or construction would be beneficial. We are not necessarily looking for someone with previous legal experience, just someone […]
During a recent continuing legal education class at which I was speaking, I was approached by an attorney who posed a question about the effect of a foreclosure on a residential construction defect action. The question, essentially, was what happens to homeowners’ construction defect claims after they lose their home in a foreclosure action? What happens when the construction […]
While reading through some recent volumes of the Jury Verdict Reporter of Colorado, I came across two construction defect cases which went to trial earlier this year. The first case, Peggy Foster and Heidi Daughan v. James Sparr was tried in Gunnison County District Court from January 25-28 in front of the Honorable Roger Ogborn. […]
A key feature of the Construction Defect Action Reform Act (C.R.S. §§ 13-20-801, et seq.), was to establish the Notice of Claim (“NOC”) process, found in C.R.S. § 13-20-803.5. There are several deadlines and important factors for a construction professional to consider when responding to a NOC. Before a homeowner, homeowners association, or owner of […]
On June 10, 2010, I had the privilege of speaking to members of the Construction Defect Claim Managers Association (“CDCMA”) in Irvine, California. The CDCMA’s purpose is to foster communication and trust amongst its membership and to permit continuing education, leading to effective and efficient claims handling methods and mechanisms for the benefit of insureds, […]
On May 10, 2010, the Colorado Supreme Court issued its decision in Smith v. Executive Custom Homes, Inc., 2010 WL 1840828 (Colo. May 10, 2010). The facts and procedural history of the case are as follows: The Smiths live in a newly-constructed “patio home” built by ECH, which is located in a retirement community managed […]
After passing third reading in the Senate on May 4th, HB 10-1394 went to the Governor’s office for the first time. Because of pressure from insurance companies, the Governor’s office urged the parties interested in HB 10-1394 to continue working on compromise language and threatened that the bill would be vetoed if the parties could not […]
