When a buyer purchases a product that is later discovered to be defective, the court offers a remedy to make the buyer whole. Such remedies can arise either out of a contract, including express and/or implied warranties, or under common law through a tort theory. However, what happens when a buyer has already received the […]
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Higgins, Hopkins, McLain & Roswell is pleased to announce that David McLain was recently selected by their peers for inclusion in The Best Lawyers in America© for 2021. David McLain has been recognized for his work in construction law. David McLain has over 22 years of experience and is well known for his work in […]
Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days […]
As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop of owing duty of […]
In 1986, the Colorado General Assembly enacted the Pro Rata Liability Act, codified at C.R.S. § 13-21-111.5, which eliminated joint and several liability for defendants in favor of pro rata liability.[1] The statute was “designed to avoid holding defendants liable for an amount of compensatory damages reflecting more than their respective degrees of fault.”[2] However, […]
EIFS, or Exterior Insulation and Finish System, is an integrated exterior insulation and synthetic stucco system, praised for its energy efficiency.[1] However, EIFS has come to be well known in the construction defect world as placing homes at risk due to a lack of a built-in moisture management system. Before long, insurance companies recognized the […]
On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or prove a failure-to-cooperate defense […]
Here is a rundown of the latest goings on at the Colorado State Capitol: SB 20-138 – Concerning increased consumer protection for homeowners seeking relief for construction defects. As previously discussed, if enacted, Senate Bill 20-138 would: Extend Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years; Require tolling of the […]
NEWS RELEASE February 12, 2020 METRO AREA MAYORS URGE NO VOTE ON SB 93 AS WRITTEN Hancock: “Now is not the time to shift Colorado into reverse and undo the great work this General Assembly has done to promote attainable housing.” Denver, CO – Today, Denver area mayors joined the chorus of business organizations, housing […]
With increasing frequency in the construction defect cases we defend, we are seeing commercial general liability insurance policies with “subcontractor warranty” endorsements. Also known as contractor or subcontractor special conditions, these endorsements could have severe and negative consequences for builders that do not comply with their requirements. In researching for this article, I reviewed six different endorsements […]
