Today is the first day of the 2010 legislative session of the Colorado General Assembly.  Hang on to your hats for the next 120 days, as it promises to be in interesting ride.  According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to support legislation allowing for attorneys’ fees in construction defect cases.  Obviously this would incentivize plaintiffs’ attorneys to bring even more claims against Colorado builders, which need as much support as possible in these trying economic times.

The CCJL’s prediction that the bill will take the form of an attorneys’ fees bill is a little different than what we had heard about the bill pertaining to prejudgment interest.  Either way, it will nothing more than a mechanism for plaintiffs’ attorneys to line their pockets with the money of Colorado’s construction professionals and their insurers.

Stay tuned.  Senator Morse’s construction defect bill may be intoduced as early as today.  If you would like to discuss the prospects of the upcoming session, please call me at (303) 987-9813 or e-mail me at mclain@hhmrlaw.com. 

Recent Posts

Denver’s Minimum Wage: How a Small Payroll Mistake Can Become a Big Problem for Colorado Contractors

A construction company underpays an employee by $2.32 for a single day’s work.  It corrects…

4 days ago

Colorado Is Pricing Itself Out of Prosperity: Housing Affordability, Government Policy, and the Cost of Building

Colorado built its reputation on opportunity.  For decades, the state attracted families, workers, entrepreneurs, and…

6 days ago

You Filed a Mechanic’s Lien. Then You Discovered a Mistake. Now What?

Recording a mechanic's lien is an important tool for Colorado contractors seeking payment for labor,…

1 week ago

One Building, Six Owners, One Defective Stucco System: How Do You Coordinate Repairs?

Colorado's new right-of-access statute may help address one of the unintended consequences of individually owned…

1 week ago

Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law

When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer…

2 weeks ago

Not All Warranty E-Mails Are Notices of Claim

Colorado's construction defect statutes establish specific requirements for notices of claim and statutory tolling. It…

2 weeks ago