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The New AIA Sustainable Project Contract Documents: A Good Basis for Managing...
With “green building” practices and projects becoming more mainstream across the country, it is more important than ever to account for the unique issues they raise. Recognizing this need, the...
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Builder’s Be Wary of Insurance Policies that Provide No Coverage for...
On the heels of a recent order regarding coverage under a Comprehensive General Insurance policy issued by Mt. Hawley Insurance Company (“Mt. Hawley”), builders should be very wary of CGL policies...
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Land Planners Not Held to Professional Standard of Care
Recently, the Colorado Court of Appeals indicated that there is no professional duty of care applicable to land planners. SeeStan Clauson Associates, Inc. v. Coleman Brothers Constr., LLC, 297 P.3d...
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Colorado’s Federal District Court Finds Carriers Have Joint and Several...
An issue that has plagued builders in Colorado construction defect litigation is the difficulty of getting additional insured carriers to fully participate in the builder’s defense, oftentimes leaving...
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When is Construction Put to Its “Intended Use”?
Defining words and phrases in the law can be a tricky proposition. In everyday life one would presume to know what the phrase “intended use” would mean, but when it comes to litigation, oftentimes the...
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Limitations on the Ability to Withdraw and De-Annex Property from a Common...
On February 28, 2013, the Colorado Court of Appeals issued its opinion with regard to the ability of an owner (and in this case, a real estate investment owner) to withdraw and de-annex lots from a...
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Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction...
The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a...
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A Closer Look at an HOA Board Member’s Duty to Homeowners
Whenever a homeowner association (HOA) starts thinking in terms of a construction defect lawsuit against its developer and/or builder, its board members will inevitably be confronted with the purported...
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Issue and Claim Preclusion When Forced to Litigate Similar Issues in...
Often in construction litigation the parties wish to move the case to arbitration. However, there are certain circumstances in which such change of litigation forums should be carefully analyzed. The...
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Colorado Supreme Court to Hear Colorado Pool Systems, Inc. v. Scottsdale...
The Colorado Pool case has been featured in two past blog entries, including: “An Arapahoe County District Court Refuses to Apply HB 10-1394 Retrospectively,” which discussed the case at the trial...
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Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado
The Colorado Court of Appeals recently handed down an opinion dulling the teeth of the “no voluntary payment” clauses found in many contractors’ insurance policies. In the case of Stresscon...
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DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been...
The downward trend in attached-housing construction in Colorado is well-known and discussed often within the region’s construction, insurance, finance, and legal communities. In recent years, builders...
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Colorado Court of Appeals to Rule on Arbitrability of an HOA's Construction...
On October 24, 2013 the Colorado Court of Appeals granted a rare interlocutory appeal in a multi-family residential construction defect case. The Court of Appeals accepted the case of Triple Crown at...
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Read Carefully. The Insurance Coverage You Thought You Were Getting May Not...
A recent U.S. District Court case in Colorado highlighted the importance for an insured to read and understand the terms of its insurance policy. The case 2-BT, LLC v. Preferred Contractors Insurance...
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A New Trend Emerging Regarding the Definition of Ongoing Operations: Jaynes...
The term “ongoing operations” has appeared in construction insurance policies for many years. Here in Colorado, that phrase has had a particular meaning when applied to an insurer’s coverage of...
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Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v....
In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of...
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The Need to Be Specific and Precise in Drafting Settling Agreements
The case of Bituminous Casualty Corp. v. Hartford Casualty Insurance Corp., 2013 WL 452374 (D. Colo. February 6, 2013) is instructive as an example of both the confusion and resulting escalation of...
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A Bill for an Act Concerning Workers’ Compensation – 2014 Edition
Workers’ compensation (“WC”) costs are a significant portion of the labor costs experienced by construction companies. These costs have typically risen over time due to the “experience modification...
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The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate...
In a recent case of first impression, the Colorado Court of Appeals determined that the economic loss rule does not bar a nondisclosure tort claim against a seller of a home, built on expansive soils...
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