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Yet Another District Court Weighs in on HB 10-1394
Since its inception, HB 1394, memorialized as C.R.S. § 13-20-808, has gathered an increasing amount of attention.Part of the interest is due to the ambiguous nature of how the second part of the...
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Colorado Court of Appeals Rejects Retroactive Application of C.R.S. § 13-20-808.
In TCD, Inc. v. American Family Mutual Insurance Company, TCD appealed the district court’s summary judgment ruling in favor of American Family. TCD, Inc. v. American Family Mutual Insurance Company...
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Otteman v. Journey Homes, LLC.: Slipping Out of Contractual Arbitration...
Recently, the District Court of Weld County Colorado granted a motion for preliminary injunction regarding the enforceability of an arbitration provision in a purchase and sales agreement. Ms. Sue E....
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Colorado Senate Bill 12-181: 2012's Version of a Prompt Pay Bill.
A potentially important legislative bill has been introduced in waning days of the 2012 legislative session, which would change many of the commercial practices that prevail in the construction...
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An Analysis of the District Court Order on TCD v. AmFam.
Recently, this blog posted several articles regarding HB 10-1394, codified at C.R.S. § 13-20-808. As mentioned in those posts, C.R.S. § 13-20-808 has gathered an increasing amount of attention. Part of...
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Colorado Defense Lawyers Association Elects New Board Members
I am proud of the two years I served as an At-Large Director for the CDLA and am happy to have been part of the team responsible for reinvigorating the CDLA's Trial Academy. As I now rotate off of the...
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Win $500 For Your Favorite Charity: Connect with HHMR Online to Win.
Your friends at HHMR are participating in the Social Madness Contest sponsored by American City Business Journals. This is a national and local contest with no monetary prize . . . we potentially will...
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United States District Court Confirms That Insurers Can Be Held Liable Under...
In D.R. Horton, Inc.-Denver v. The Travelers Indem. Co. of Am., 10-CV-02826-WJM-KMT, 2012 WL 527204 (D. Colo. Feb. 16, 2012), the court was asked to rule on Travelers’[1] motion to dismiss D.R. Horton,...
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In Re Golba: The Knaubs v. Golba and Rollison, Debtors
Now comes another cautionary tale for builders and developers, especially those using single purpose business entities to handle individual construction projects. The United States Bankruptcy Court in...
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David M. McLain asked to speak at the Colorado Defense Lawyers Association...
I am happy to have been asked to speak at this year's CDLA Annual Conference, July 26th through 28th, in Crested Butte. William J. McConnell, PE, of Vertex Engineering, and I will discuss common...
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Joinder vs. Misjoinder in Colorado Construction Claims: Roche Constructors v....
Often, those practicing in the construction defect field have faced questions concerning the joinder of a party. Recently, the U.S. District Court for the District of Colorado weighed in on the...
View ArticleHiggins, Hopkins, McLain & Roswell, LLC is Looking for a New Associate Attorney.
Higgins, Hopkins, McLain & Roswell, LLC, a boutique firm located in Cherry Creek, has an immediate opening for a litigation associate with 2 – 5 years of experience in construction litigation...
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There is No Non-Delegable Duty on the Part of Residential Builders in Colorado
Recently, in the Arapahoe District Court, the Honorable Michael Spear, issued an order holding that builders do not owe a non-delegable duty to homeowners. In Marx and Corken v. Alpert Custom Homes,...
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Allowing the use of a general verdict form in a construction defect case...
A recent opinion from the Colorado Court of Appeals is a cautionary tale concerning the calculation of pre-judgment interest. SeeHendricks v. Allied Waste Transportation, Inc., 2012 WL 1881004 (Colo....
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Higgins, Hopkins, McLain & Roswell Welcomes Heidi J. Gassman as an Associate
Higgins, Hopkins, McLain & Roswell, LLC is pleased to welcome Heidi J. Gassman to its team. Ms. Gassman received her undergraduate degree in Linguistics from the University of Washington in 1993...
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Derek Lindenschmidt named Law Week Colorado's 2012 Barrister's Best...
I am happy to announce that Law Week Colorado has named Derek Lindenschmidt as the Best Construction-Defects Lawyer for the Defense: Barrister’s Best for 2012. Law Week Colorado’s recognition of Derek...
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Limitations of liability in subcontractors’ contracts may not be enforceable...
The Colorado Homeowner Protection Act of 2007 (“HPA”), codified at C.R.S. § 13-20-806(7), specifically voids express waivers of, or limitations on, a residential property owner’s ability to enforce any...
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The Colorado Court of Appeals rules that a statutory notice of claim triggers...
Gene and Diane Melssen d/b/a Melssen Construction (“Melssen”) built a custom home for the Holleys, during which period of time Melssen retained a CGL insurance coverage from Auto Owners Insurance...
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Important Information Regarding Colorado Mechanic’s Lien Rights.
With payment problems in the construction economy having accelerated over the past few years, there has been a substantial increase in mechanic’s lien activity and associated litigation. The typical...
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When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?
The following is an update on our December 20, 2010 article regarding United States Fire Insurance Company v. Pinkard Construction Company, Civil Action No. 09-CV-01854-MSK-MJW, and its underlying...
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