Colorado Construction Litigation Blog

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 […]

On February 2, 2010, the Tenth Circuit Court of Appeals issued its decision in AIMCO v. Nutmeg Ins. Co., 593 F.3d 1188 (10th Cir. 2010).  While not a construction defect case, this case is very interesting and will certainly have an impact on the determination of coverage (and in particular duty to defend cases) for […]

Recently, Robert August suggested that I pick up a copy of Conflicts With Interest, a novel by Michael Ruddy.  Having now read the book, I understand why he made the suggestion.  Michael Ruddy is not just an author, he is a Colorado homebuilder who wrote a book about residential construction defect litigation.  The biographical information from the […]

In an order by Judge Marcia Krieger, the homeowners in a recent construction defect case caught a lucky break.  By way of background, Mark A. and Mark L. Hildebrand were the plaintiffs in a construction defect lawsuit against their builder, New Vista, and one of its principals, Richard Reeves.  The claims against Mr. Reeves were […]

Recently, several insurance and construction professionals have contacted us regarding the differences between claims made and occurrence based commercial general liability (CGL) insurance policies. A brief explanation of the key differences is provided below. An occurrence based CGL policy is insurance coverage for a fixed window in time (determined by the policy effective dates) that […]

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