I recently had the opportunity to represent a general contractor in a trial, defending against claims both of construction defects and of delay related damages. Ultimately the case settled during the trial and we were able to achieve a favorable result. Looking back on the trial, what stayed with me was the troublesome evidence introduced by the […]
Colorado Construction Litigation Blog
Most lawyers know that a lack of signature on a written agreement does not necessarily negate the existence of a contract. Following the common law, if both parties mutually assent to an agreement then it may be legally enforced. Also, under the common law, if one party performs under the unsigned contract it may be […]
In some cases, plaintiffs may be able to force a dispute into a court proceeding even though an arbitration agreement between the parties controls and even though the defendants may argue that an arbitration clause divests the court system of its jurisdiction over the dispute seeking to have the matter resolved through arbitration instead of a […]
As many of you are aware, in May of this year Governor Ritter signed into law Colorado House Bill 10-1394, soon to be codified as C.R.S. § 13-20-808(3). Among other effects, the bill retroactively changes the duty of insurers to defend construction professionals in construction liability cases. The bill faced staunch opposition from insurers, agents, […]
I am happy to have been invited recently to join the Council on Litigation Management. After learning more about the organization, I decided to join and am a proud new member. About the Council on Litigation Management: Founded in 2007, the Council on Litigation Management (“CLM”) is a nonpartisan alliance committed to furthering the highest standards […]
In United Fire Group ex rel. Metamorphosis Salon v. Powers Elec., Inc., — P.3d —, 2010 WL 2521752 (Colo. App., June 24, 2010), the Colorado Court of Appeals addressed the proper application of C.R.S. § 13-80-104 in Colorado construction defect cases. The essential facts of the case were that Gary Powers d/b/a Powers Electric, Inc. installed […]
Higgins, Hopkins, McLain & Roswell, LLC is looking to add a new associate to our construction law practice. Our firm has always focused on construction law and the litigation of construction claims, so a background in engineering or construction would be beneficial. We are not necessarily looking for someone with previous legal experience, just someone […]
During a recent continuing legal education class at which I was speaking, I was approached by an attorney who posed a question about the effect of a foreclosure on a residential construction defect action. The question, essentially, was what happens to homeowners’ construction defect claims after they lose their home in a foreclosure action? What happens when the construction […]
While reading through some recent volumes of the Jury Verdict Reporter of Colorado, I came across two construction defect cases which went to trial earlier this year. The first case, Peggy Foster and Heidi Daughan v. James Sparr was tried in Gunnison County District Court from January 25-28 in front of the Honorable Roger Ogborn. […]
For those of you not familiar with IRMI, it is the International Risk Management Institute, Inc., a powerhouse in terms of providing accurate and insightful information regarding insurance and insurance coverage. According to its website, IRMI’s ” mission is to be the premier authority in providing expert advice and practical strategies for risk management, insurance, […]
