HB 26-1311 gives contractors and subcontractors a new way to recover cash retainage. But can that statutory right be waived in a construction contract? Colorado’s General Assembly has once again changed the rules governing retainage on private construction projects. With the passage of House Bill 26-1311, effective August 12, 2026, contractors and subcontractors now have […]
Colorado Construction Litigation Blog
Colorado built its reputation on opportunity. For decades, the state attracted families, workers, entrepreneurs, and employers who saw a place to build a future. Its mountains and quality of life remain extraordinary, but the economics of living here have changed. Increasingly, the question is not whether people want to live in Colorado. It is whether […]
Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems. The Problem: Six Homes, One Building Envelope Consider a hypothetical six-unit townhome building in Colorado. Each residence is individually owned. There is no homeowners association […]
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself. […]
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work […]
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is […]
In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative. At the time, the decision may seem minor. The project is moving quickly, […]
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super […]
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 […]
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, […]