In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron […]
Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Lisa Bondy Dunn and David M. McLain have been recognized in the 2026 edition of The Best Lawyers in America® for their excellence in construction law and litigation. Lisa Dunn was recognized for Litigation – Construction, marking her first year on this prestigious list, […]
When a national homebuilder faced a premises liability and negligence lawsuit in Colorado, HHMR’s Andrew Vogelgesang stepped in to methodically analyze the claims and protect the client’s interests. The plaintiff alleged a trip-and-fall incident on a public sidewalk and named several parties as defendants. Plaintiff’s counsel supplied photographs of the alleged defect, and Andrew used […]
The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool Company”) over alleged defects in Pool Company’s […]
A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court of Appeals reaffirmed the reach of claim preclusion in construction disputes, holding that a contractor […]
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to address the state’s well-documented shortage of for-sale multifamily housing, particularly condominiums and townhomes, by creating a voluntary program for developers and builders who agree to […]
On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address Colorado’s housing crisis by encouraging construction of for-sale multifamily housing, such as condominiums and townhomes, through targeted legal reforms. H.B. 25-1272 would create a new, […]
In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores the importance of understanding the statutory […]
Over the years, plaintiff’s attorneys have steadily attempted to chip away at the guardrails that keep Colorado Consumer Protection Act (“CCPA”) claims in check. Over the last few years, the General Assembly has considered a number of bills designed to make it easier to prevail on CCPA claims, increasing litigation risk for businesses across industries, […]
For years, Colorado’s economic loss rule has not applied to residential construction and has not impeded the ability of homeowners to hold general contractors, subcontractors, design professionals, or other construction professionals accountable for negligent work. Specifically, the Colorado Supreme Court has recognized an independent duty on the part of construction professionals to construct homes without […]