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Colorado Court of Appeals Decides the Triple Crown Case
In an earlier blog post, I discussed the case of Triple Crown Observatory Village Assn., Inc. v. Village Homes of Colorado, Inc., et al(2013 WL 5761028) because it presented the rare case where the...
View ArticleIntroduction of the Construction Defects Bill Has Been Stalled! Call or Email...
Defenders of the failed status quo are fighting common-sense legislation that would take a first step to protect condominium and townhome owners from unexpected, costly and burdensome litigation – that...
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Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007
On January 30, 2014, the Colorado Court of Appeals decided the case of Taylor Morrison of Colorado, Inc. v. Bemas Construction, Inc. and Terracon Consultants, Inc. 2014WL323490. The case addressed a...
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When Can a General Contractor’s Knowledge be Imputed to a Developer?
The Colorado Court of Appeals recently handed down an opinion clarifying when the knowledge of a general contractor can be imputed to a developer. In the case of Jehly v. Brown, 327 P.3d (Colo. App....
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David M. McLain, Esq. to Speak at the 2014 CLM Claims College
David McLain will be a speaker at the School of Construction. The Claims College will be held from September 7-10 in Philadelphia, Pennsylvania. Mr. McLain is a founding member of Higgins,...
View ArticleHiggins, Hopkins, McLain & Roswell is Looking for a New Firm Administrator
Our current firm administrator will be leaving HHMR in early September for another opportunity and we would like to hire a new administrator soon so that we can have as much opportunity for overlap and...
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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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HHMR Attorneys to Present at an Upcoming CRG Builder Lunch & Learn - Reserve...
The Construction Resource Group will be hosting a Builder Lunch & Learn. If you are a Colorado builder and are interested in attending, you can visit the Eventbrite website to reserve your spot....
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KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners...
In Colorado, the “complaint rule,” also known as the “four corners rule,” requires an insurer to provide a defense when an underlying complaint alleges any set of facts that may fall within an...
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Preparing for the 2015 Colorado Legislative Session
As Colorado starts to prepare for the 2015 legislative session, construction defect reform is shaping up to be another key issue under the Capitol dome. Once again, the Homeownership Opportunity...
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Colorado Defense Lawyers Association to Host a Construction Defect Reform...
Construction Defect Reform – A Legislative PreviewDecember 10, 2014 – 3:00 to 5:00 pm2 hours CLE applied forHappy Hour to FollowMembers Only There is no question that the conversation surrounding...
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Become Familiar With Your CGL Policy Exclusions to Ensure You Are Covered:...
In a recent case arising out of a denial of coverage for alleged construction defect claims concerning a pre-fabricated home, the U.S. District Court for the District of Colorado applied the 10th...
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Another Case Highlighting the Difference Between CGL Policies and Performance...
During the summer of 2011, Ellis Construction hired Cool Sunshine Heating & Air Conditioning to install the HVAC systems in a single-family home it was building for Gary Doberman and Ellen...
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Colorado Legislators Need to Fix Barriers to Attainable and Affordable...
Rents Soar and Condo Construction Stalls, creating “Housing Squeeze”Colorado’s economy is dependent on a strong housing market that includes diverse and attainable options. Despite strong demand,...
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Coloradoans Deserve More Than Hyperbole and Rhetoric From Plaintiffs’...
As the 2015 Colorado legislative session gets underway, the media attention and discussion regarding the lack of attainable housing, skyrocketing rental rates, and the ongoing state and local efforts...
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Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose...
For those of you reading this blog who are familiar with Colorado’s law as it pertains to construction defect actions, which I assume to be anyone reading this blog as it does not seem to get much...
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The Great Fallacy: If Builders Would Just Build It Right There Would Be No...
As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill. It seems like every time a reporter...
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Insurer’s Duty to Defend: When is it Triggered? When is it Not?
In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims. An insurer’s duty to defend is triggered when the underlying complaint against the...
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Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction...
On February 10, 2015, Senators Scheffer and Ulibarri introduced Senate Bill 15-177, which is sponsored in the House by Representatives DelGrosso and Singer. SB 15-177 amends the prerequisites, found in...
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Higgins, Hopkins, McLain & Roswell is on the Lookout for a New Associate
Higgins, Hopkins, McLain & Roswell, LLC, a boutique firm located in Cherry Creek, has an immediate opening for a litigation associate with 1 – 3 years of experience in construction litigation or...
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