As we near another legislative session, I am in the process of refining the manner in which I communicate with those interested in construction defect legislation in Colorado, including builders, subcontractors, design professionals, insurers, and attorneys. Instead of ham and egging my communications through a combination of my own Outlook e-mails and co-opting the CDLA […]
Colorado Construction Litigation Blog
According to Paula Moore’s recent article in the Denver Business Journal, it is likely that plaintiffs’ attorneys will run another bill this year similar to Senate Bill 09-246, also known as the Homeowner Protection Act of 2009 (HPA of 2009). That bill, sponsored by Senator Morse, was intended to legislatively overturn the 2008 Goodyear Tire & […]
As previously reported, I will be serving as a voting member of the 2010 Colorado Association of Home Builders Government Affairs Committee. Based on my experience in litigating construction defect cases on behalf of general contractors and developers throughout Colorado, I have been asked to serve on the Construction Defect Task Force. As in years […]
After having defended innumerable construction defect lawsuits on behalf of developers, general contractors, and other construction professionals, I find myself wondering more and more often about what happens to homeowners, in particular, those in multi-family developments governed by homeowners associations, after the construction defect case settles and all of the attorneys have gone home. While […]
According to a report in today’s online version of the Denver Business Journal, the amended version of the U.S. Senate’s health reform bill includes a penalty provision for small construction firms that don’t offer insurance to their employees. Under the original version of the bill, businesses with more than 50 employees would have to pay a $750 […]
I came across an interesting tidbit in the Jury Verdict Reporter of Colorado today involving a case in which Lennar sued a framing subcontractor in subrogation for money paid out to a homeowner on a personal injury claim. After a two-day jury trial in Jefferson County, the jury found Lennar to be 100% responsible for the […]
In reviewing cases today through my Westclip service, I came across an interesting case: Colorado Division of Insurance v. Auto-Owner’s Insurance Company, 219 P.3d 371 (Colo. Ct. App. 2009). I admit that it takes an odd person to find the case interesting, but these are the types of things that keep my mind working. In […]
We learned today that Sheri Roswell and David M. McLain have been invited to speak at West Coast Casualty’s 17th Annual Construction Defect Seminar. The seminar will be held May 13 – 14, 2010 at the Disneyland Hotel in Anaheim, CA. It should be a great seminar, as always, and we look forward to seeing […]
Several years ago, the attorneys at Higgins, Hopkins, McLain & Roswell prepared a primer on construction defect litigation in Colorado. Since then, we have updated it from time to time to reflect the current state of the law on various topics, such as Claims Typically Brought in Construction Defect Cases, Defenses Typically Raised in Construction […]
