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Colorado’s Workers’ Compensation Act and the Construction Industry
In general, issues relating to employment law occur in all industries. However, some issues are more likely to be raised in certain employment contexts. For example, office work environments tend to...
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U.S. District Court of Colorado Interprets Insurance Policy’s Faulty...
Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v....
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Municipal Ordinances Create Additional Opportunities for the Defense of...
Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders. Colorado state law can be a...
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Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of...
While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies...
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Dave McLain included in the 2023 edition of The Best Lawyers in America
Colleagues and friends:I am pleased to share with you that I have been recognized in the 2023 edition of The Best Lawyers in America for my work in construction law. This honor comes as a surprise and...
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Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims
House Bill 23-1192 (“HB 23-1192”) is one of the proposed bills making its way through the Colorado legislative session this year. It purports to create additional protections in the Colorado Consumer...
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Defense Verdict!
The post Defense Verdict! appeared first on Higgins, Hopkins, McLain & Roswell, LLC.
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Dave McLain included in the 2023 edition of The Best Lawyers in America
Colleagues and friends: I am pleased to share with you that I have been recognized in the 2023 edition of The Best Lawyers in America for my work in construction law. This honor comes as a surprise...
View ArticleColorado Legislature Considered Making CCPA Claims Drastically More Damaging...
On June 7, 2023, the Colorado Legislature passed House Bill 23-1192 (“HB 23-1192”), now codified at C.R.S. § 6-1-730. As it was first drafted, HB 23-1192 purported to create additional protections in...
View ArticleSpend Some Time Sharpening Your Ax
Abraham Lincoln once said, “Give me six hours to chop down a tree and I will spend the first four sharpening the ax.” When the housing market is strong, it is hard to find time to do anything other...
View ArticleOffshore Asset Protection Trusts
During a recent conference, I was reminded of the idea that risk management in construction can be thought of as a three-legged stool. The first leg involves risk management, where a construction...
View ArticleMitigating Legal Risks in Urban Sustainable Building
There is no doubt that urban sustainable building is a growing trend. More and more builders are looking to incorporate environmentally friendly practices into their projects, and governments are...
View ArticleColorado Court of Appeals confirms senior living communities as “residential...
The Third Division of the Colorado Court of Appeals recently interpreted the Homeowner Protection Act of 2007 (the “HPA”) in Heights Healthcare v. BCER, 2023 COA 44, decided on May 25, 2023. The Court...
View ArticleBeyond the Statute: How the Colorado Court Upheld Modified Accrual in...
In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of...
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Higgins, Hopkins, McLain & Roswell Recognized in 2024 Best Law Firm® Rankings
We are thrilled to announce that Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) has been recognized in the 2024 Best Law Firm® rankings. Our firm has been placed in Metro Tier 2 in Colorado for...
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The 2024 Colorado Legislative Session Promises to be a Busy One for the...
January 10th marked the first day of the 2024 Colorado legislative session. After the pomp and circumstance of opening day, a total of eighty-six bills were introduced. Among them, two impact the...
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At Long Last, the Colorado Legislature Gets Serious About Construction Defect...
On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on...
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HB24-1014: A Warning Bell for Colorado Businesses Amid Potential Consumer...
HB24-1014 stands to eliminate the longstanding public impact requirement found within C.R.S. § 6-1-105(2) of the Colorado Consumer Protection Act (“CCPA”). While this proposed change professes the...
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Action Needed: HB24-1230 Spells Trouble for Colorado Construction Industry...
In an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House Bill 24-1230 on February 12, 2024. The bill was assigned to the House Judiciary...
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