In Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008), a homeowner brought an action against the manufacturer of a defective Entran II hose used in an embedded heating system. The homeowner sought to recover the cost of replacing the entire heating system. The rubber hose that was part of the system […]
Colorado Construction Litigation Blog
In Thermo Development, Inc. v. Central Masonry Corp., 195 P.3d 1166 (Colo. App. 2008), the developers brought an action for contribution and indemnity against masonry and plaster subcontractors upon settling a water intrusion claim asserted by a condominium owner and condominium association. The developers argued that C.R.S. § 13-80-104(1)(b)(II)(B) permitted them to file claims against […]
For those of you not glued to your computer screens watching the streaming coverage of the first day of the sixty-seventh Colorado General Assembly, Senator Morse introduced SB 10-045, “A bill for an act concerning increasing the rights of homeowners, and, in connection therewith, enacting the ‘Homeowner Protection Act of 2010.’” The bill was assigned […]
Today is the first day of the 2010 legislative session of the Colorado General Assembly. Hang on to your hats for the next 120 days, as it promises to be in interesting ride. According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to […]
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 […]
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 […]
