construction defect litigation

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 townhome developments, but it does…

2 weeks 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 force another to participate in…

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 is time for courts and…

3 weeks ago

The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation.  In The Hidden…

2 months ago

Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify.  The…

3 months ago

Colorado Court Affirms Attorneys’ Fee Award Against Plaintiff’s Counsel for Pursuing Unsupported CCPA Claims

The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000 in attorney fees against a…

3 months ago

“The Superintendent Told Us to Do It:” Why Verbal Approval May Not Be Enough

In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans,…

5 months ago

If We Want Affordable Housing, Local Governments Must Look in the Mirror

In every discussion about Colorado’s housing affordability crisis, the discussion often focuses on the ill effects of construction defect litigation.…

1 year ago

New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders

On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law.…

1 year ago

Colorado House Bill 25-1261 Will Skyrocket Housing Costs — Here’s Why You Should Oppose It

Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will…

2 years ago