On May 10, 2010, the Colorado Supreme Court issued its decision in Smith v. Executive Custom Homes, Inc., 2010 WL 1840828 (Colo. May 10, 2010). The facts and procedural history of the case are as follows: The Smiths live in a newly-constructed “patio home” built by ECH, which is located in a retirement community managed […]
Colorado Construction Litigation Blog
As previously discussed over the last few months in this blog, HB 10-1394 has been creating a lot of waves in the Colorado insurance industry and among those that it insures in the construction industry. A compendium of previous entries related to HB 10-1394 can be found here. The latest news is that Governor Ritter […]
In today’s online edition of the Denver Business Journal, Ed Sealover reported that the “Bill that bothered Colorado builders dies without a hearing.” In a hearing today of the Senate State, Veterans and Military Affairs Committee, Senate Majority Leader John Morse asked the committee to postpone Senate Bill 45 indefinitely after stating that the issues […]
In three previous entries (first on January 13, 2010 – “Colorado Homeowner Protection Act of 2010. Much ado about nothing or Trojan horse?,” then on March 16, 2010 “Is a Legislative Attack on Colorado Homebuilders Imminent?,” and finally on April 2, 2010 “Will there be a construction defects bill in 2010? When will we know?“), I […]
Denver, CO, April 04, 2010 –(PR.com — The Denver-based law firm of Higgins, Hopkins, McLain & Roswell, LLC (HHMR) has announced that one of its litigators has been selected to receive an honor as 2010 Colorado Super Lawyer® by Super Lawyers magazine, and that three other HHMR lawyers also have been recognized as “Rising Stars” […]
Yesterday, Representative Joe Rice introduced into the Colorado House of Representatives House Bill 10-1394, “A Bill for an Act Concerning Professional Liability Insurance Policies Issued to Construction Professionals.” The bill, also sponsored by Senator Mark Scheffel, was assigned to the House Business Affairs and Labor Committee, which happens to be chaired by Representative Rice. The summary of […]
Subcontract agreements often include provisions requiring a subcontractor to defend and to indemnify a general contractor. If properly phrased in the subcontract agreement, the duty to defend can be triggered more easily than, and is distinct from, the duty to indemnify. In Lafarge North America, Inc. v. KECI Colorado, Inc., 2010 WL 726052 (Colo. App., March […]
I am happy to have been asked by Lorman Education Services to moderate and speak at its Construction Defect Claims seminar on June 24, 2010. Information regarding the seminar can be found here. Note: You can receive $50 dollars off if you register with priority code 15000 and discount code Z7745121. Other speakers at this seminar […]
Sheri Roswell and I will be speaking at the 17th Anniversary West Coast Casualty’s Construction Defect Seminar, to be held on May 13th and 14th at the Disneyland Hotel in Anaheim, California. For those of you who have not had the opportunity to attend one of the first 16 seminars, the WCC seminar is “the […]
I was recently asked to write an article for the Colorado Builder Forum, the Journal of the Colorado Association of Home Builders. Being an attorney that has devoted my career to defending Colorado homebuilders involved in construction defect lawsuits, the topic I chose was naturally strategies for minimizing the risks associated with building in Colorado […]
