In TCD, Inc. v. American Family Mutual Insurance Company, TCD appealed the district court’s summary judgment ruling in favor of American Family. TCD, Inc. v. American Family Mutual Insurance Company Colo. App. No. 11CA1046 (April 12, 2012). TCD was the general contractor on a project to construct a building for Frisco General Gateway Center, LLC […]
Colorado Construction Litigation Blog
On February 2, 2012, the Colorado Court of Appeals answered two questions of first impression under the Construction Defect Action Reform Act (“CDARA”) in Shaw Construction, LLC v. United Builders Services, Inc., 2012 WL 311665 (Colo. App.). Shaw Construction, LLC (“Shaw”), was the general contractor for a large residential project located in Stapleton. Shaw hired […]
If you take a look at the bottom of any page of your (or your client’s) insurance contract, it is most likely a copyrighted form issued by Insurance Services Office, Inc. (ISO). ISO develops standardized insurance policy language and forms that most insurer companies use in order to create insurance policies for consumers. ISO has […]
Yesterday was the first day of the 2012 legislative session of the Colorado General Assembly, which promises to be an exciting year. From what we have heard around town (and from the mouth of a plaintiffs’ construction defect attorney at an out-of-state seminar) there is likely to be a construction defects bill at the Capitol […]
Developers in Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument whereby they seek to hold the developer liable for one hundred percent of the damages in a construction defect action as a fiduciary under Colorado law. As most of us know, developers […]
In Martinez v. Mike Wells Construction Company, 09CV227, Teller County District Court Judge Edward S. Colt refused to apply C.R.S. § 13-20-808 retroactively to provide coverage for the underlying construction defect allegations. According to the recitation of facts in Judge Colt’s March 2011 order, Martinez contracted with Mike Wells Construction to serve as the general […]
Recently, in Caribou Ridge Homes, LLC v. Zero Energy, LLC, et al., Case No. 10CV1094, Boulder County District Court Judge Ingrid S. Bakke entered a ruling and order on the Plaintiff’s Motion for Determination of Question of Law Pursuant to C.R.C.P. 56(h) on Issue of Damages. The Order found that the Plaintiff was not a […]
We have been following Senate Bill 11-068, which sought to eliminate the significant public impact component of claims under the Colorado Consumer Protection Act (the “CCPA”). That bill has now died in a House committee. The original version of the bill would have created a rebuttable presumption that a significant public impact occurred where a […]
In a prior Colorado Construction Litigation blog entry, we presented concerns with Senate Bill 11-068, which seeks to eliminate the significant public impact component of claims under the Colorado Consumer Protection Act (the “CCPA”). On February 22, 2011, the Senate passed the bill in a 19 to 15 vote. As the bill made its way […]
Roughly one year ago, we blogged about a case named United Fire & Casualty Company v. Boulder Plaza Residential, LLC, 06-CV-00037-PAB-CBS. You may find it here (February 3, 2010 Entry). In that case, the court granted summary judgment to United Fire & Casualty following a motion to reconsider based on the case, General Security Indemnity Co. […]
