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. […]
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 […]
On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address Colorado’s housing crisis by encouraging construction of for-sale multifamily housing, such as condominiums and townhomes, through targeted legal reforms. H.B. 25-1272 would create a new, […]
For years, Colorado’s economic loss rule has not applied to residential construction and has not impeded the ability of homeowners to hold general contractors, subcontractors, design professionals, or other construction professionals accountable for negligent work. Specifically, the Colorado Supreme Court has recognized an independent duty on the part of construction professionals to construct homes without […]
Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will ultimately drive up the cost of housing, particularly for affordable condominiums and townhomes. This bill makes it easier to sue builders, extends the statute of limitations, and will have long-term negative consequences for housing development […]
In an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House Bill 24-1230 on February 12, 2024. The bill was assigned to the House Judiciary Committee and is scheduled for hearing on March 6th, during the afternoon session beginning at 1:30 pm. To date, the bill does not have any senate […]
On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the most impactful, as described in the bill summary, […]