Higgins, Hopkins, McLain & Roswell is looking for the next great associate...
Higgins, Hopkins, McLain & Roswell, LLC is looking to add a new associate to our construction litigation and general casualty defense practice. Our ideal candidate is one with three to five years...
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Colorado Court of Appeals Defines “Substantial Completion” for...
Over the past few years, there has been a battle raging on in district courts and arbitration hearing rooms throughout Colorado regarding when a subcontractor’s work is to be deemed “substantially...
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The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of...
On October 20, 2016, the Colorado Court of Appeals announced the Sopris Lodging, LLC v. Schofield Excavation, Inc.[1] decision. The Sopris decision significantly altered the potential pitfalls awaiting...
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Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation
As the 2017 Colorado legislative session reaches the halfway point, I thought it an opportune time to provide a quick overview of the construction defect bills introduced so far this session.Senate...
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Colorado Supreme Court Weighs in on Timeliness of Claims Against...
On February 27, 2017, the Colorado Supreme Court announced its decision in the Goodman v. Heritage Builders, No. 16SA193, 2017 CO 13 (Colo. February 27, 2017) case. In ten short pages, the Colorado...
View ArticleHomeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?
On March 9, 2017, the Colorado Court of Appeals announced its decision in Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Company, No. 16CA0101, 2017 COA 31 (Colo. App. Mar. 9, 2017). As a...
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Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform
On March 17th, House Bill 17-1279, concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action, was introduced...
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David M. McLain to Speak at the CLM Claims College - School of Construction -...
Dave McLain will again be serving as an instructor at the CLM's Claims College – School of Construction, to be held this year at the Marriott Baltimore Waterfront in Baltimore, Maryland on Wednesday,...
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Colorado Homebuyers Must be in Privity of Contract with Developer to Assert...
On April 17, 2017, the Colorado Supreme Court announced its decision in Forest City v. Rogers, No. 15SC1089, 2017 CO 23 (Colo. Apr. 17, 2017). The Court held that privity of contract is necessary for a...
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Taylor Morrison v. Terracon: Adjustment of Verdicts to Account for Others’...
In a case of first impression, a division of the Colorado Court of Appeals weighed in on how a trial court should adjust a jury verdict against a contractor when two critical components are still at...
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Vallagio v. Metropolitan Homes: Colorado Supreme Court Upholds Declarant...
On June 5, 2017, the Colorado Supreme Court announced the Vallagio at Inverness Residential Con. Ass’n v. Metro. Homes, Inc., No. 15SC508, 2017 CO 69 (Colo. June 5, 2017) decision. In short, the...
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Recent Changes in the Law Affecting Construction Defect Litigation
At Long Last, the Colorado Legislature Passed Construction Defect ReformBy David M. McLainOn May 23, 2017, Governor Hickenlooper signed HB17-1279 into law. The bill states that before an HOA’s...
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Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court...
In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of...
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The next evolution in Colorado construction defect litigation? Single-family...
I recently had the opportunity to write an article for Colorado Builder Magazine, a snippet of which appears here.Since the 1990's, construction defect litigation has focused on condominiums and...
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Dave McLain to Speak at the MBA's Condominium Lending Workshop 2018
I am honored to have been invited to speak at the Mortgage Bankers Association Condominium Lending Workshop 2018. I will be participating as a panelist on the Condo Defect Panel: The CO Perspective,...
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The Curious Case of the Three Year Statute of Limitations for Construction...
On March 6, 2018, Judge Edward Moss of Adams County issued a noteworthy, if bizarre, order concluding that construction excavators and earthmovers are uniquely subject to a three year statute of...
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Scholarships Available for the 2018 CLM Claims College – School of Construction
I am happy to have been asked to serve as an Executive Council member and instructor at this year's CLM Claims College – School of Construction, to be held at the Marriott Baltimore Waterfront in...
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Governmental Immunity Waived for Independent Contractor - Lopez v. City of...
On July 12, 2018, the Colorado Court of Appeals announced its decision in Lopez v. City of Grand Junction, 2018 WL 3384674 (Colo. App. 2018). The Court considered whether immunity is waived under...
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THE “RIGHT TO REPAIR” CONSTRUCTION DEFECTS IN THE ROCKY MOUNTAIN AND PLAINS...
In excess of 30 states have enacted tort reform legislation requiring property owners to notify construction professionals of the presence of alleged construction defects prior to the commencement of a...
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Two things to consider before making warranty repairs
By David M. McLainIn my last article: “What a construction defect ‘win’ looks like for a builder,” I made the point that builders should go to great lengths to work with homeowners to resolve...
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