I remember it (almost) like it was yesterday. It was September of 2001, and I was a third-year associate at Long & Jaudon, practicing with the construction litigation group. After a long weekend away, I received word that the firm had just announced that it would cease providing legal services. Long & Jaudon, which […]
Colorado Construction Litigation Blog
From the Fall 2021 Colorado Builder Magazine: To find the original version of this article, follow this link.
About Higgins, Hopkins, McLain & Roswell Founded in 2001, Higgins, Hopkins, McLain & Roswell (“HHMR”) exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability. In doing so, we always have in the forefront of our […]
A recent e-mail blast from the American Subcontractors Association Colorado regarding House Bill 21-1167 included a “Fact Sheet” on the bill states: VOTE YES ON HB21-1167 PRIVATE CONSTRUCTION CONTRACT PAYMENTS Representatives Monica Duran & Perry Will and Senators Julie Gonzales & Ray Scott PROTECT SMALL– & MEDIUM– SIZED BUSINESSES VIA CONSTRUCTION RETAINAGE CAPS […]
Last April, the U.S. District Court for the District of Colorado decided in an action for declaratory relief that the Colorado Construction Defect Action Reform Act (“CDARA”) does not afford insurers the right to separate notice, beyond that of the claimant to the construction professional, of their duty to defend the insured. This case, Auto-Owners Insurance […]
Higgins, Hopkins, McLain & Roswell is pleased to announce that Ben Volpe has joined the firm as an Associate. He is a graduate of the Catholic University of America Columbus School of Law, graduating cum laude. Mr. Volpe has experience working as a federal contractor supporting the U.S. Department of Homeland Security and the U.S. […]
While Nunn-Agreements[1] may be appealing for both plaintiffs and defendants where an insurer unreasonably fails to defend a lawsuit, a recent opinion from The Honorable Marcia Krieger in the United States District Court of Colorado[2] (“Opinion”) demonstrates the importance of first confirming that there exists a viable insurance claim before proceeding with such a Nunn- […]
The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance company to the plaintiff. Bolt Factory Lofts Owners Association, Inc. […]
By Jean Meyer On May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.[1] on the importance of ripeness in declaratory judgment insurance actions and bad faith counterclaims. The […]
Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”). The bills broaden remedies, make more conduct a breach of the CCPA, and include purely private transactions in the type of conduct that falls within the scope of the CCPA. The bills are House Bill […]
