A construction company underpays an employee by $2.32 for a single day’s work. It corrects the employee’s hourly rate the next day but never reimburses the $2.32. Could that oversight lead to substantial statutory penalties? Denver’s ordinance permits a $100-per-worker daily penalty when a violation “occurred or continued,” but no identified Colorado decision has decided […]
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 […]
Recording a mechanic’s lien is an important tool for Colorado contractors seeking payment for labor, materials, and services furnished on construction projects. But what happens when a contractor records a lien and subsequently discovers that the amount claimed is incorrect? Can the contractor amend the lien to reduce the amount owed, even after the statutory […]
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 […]
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized four HHMR attorneys in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for their work in construction law and construction litigation. David M. McLain, Lisa Bondy Dunn, and Steven L. Heisdorffer […]
In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative. At the time, the decision may seem minor. The project is moving quickly, […]
There comes a point in every career when you stop long enough to look back, not out of nostalgia, but out of clarity. You begin to see the arc, the accidents, the grace, and the moments when others carried more of the burden than you realized at the time. For me, that moment came recently, […]
The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool Company”) over alleged defects in Pool Company’s […]
Construction contractors in the market for insurance coverage have few legal protections if their insurance agent fails to provide insurance that covers likely claims against the contractor. As construction defect lawsuits continue to be a frequent occurrence throughout Colorado, we have seen an increase in the number and complexity of coverage endorsements and exclusions in […]
HB24-1014 stands to eliminate the longstanding public impact requirement found within C.R.S. § 6-1-105(2) of the Colorado Consumer Protection Act (“CCPA”). While this proposed change professes the noblest intentions of “public peace, health or safety,” its effect portends a large detriment to Colorado business and an astronomical payday for Colorado plaintiffs’ attorneys. Brief History For […]