Clik here to view.
Plaintiffs’ claims in Barry v. Weyerhaeuser Company are likely to proceed...
By: Frank InghamOn December 18, 2018, Federal Magistrate Judge Scott T. Varholak recommended in a written opinion that the Motion of Defendant Weyerhaeuser Company (“Weyerhaeuser”) to Dismiss Amended...
View ArticleClik here to view.
Will There Be Construction Defect Legislation Introduced in the 2019 Colorado...
With the 2019 Colorado legislative session well underway, the construction industry is waiting with bated breath to see what the Democrat controlled legislature might do with respect to construction...
View ArticleClik here to view.
Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell
Higgins, Hopkins, McLain & Roswell is pleased to announce that Steve Heisdorffer has joined the firm as Special Counsel. Steve joins the firm after having been a partner at Godin & Baity, LLC...
View ArticleExpansion of Statutes of Limitations and Repose in K-12 and Municipal...
The purpose of this whitepaper is to bring attention to a trend in K-12 and municipal construction contracts, which expands the time periods for law suits against construction...
View ArticleHHMR Seeks Full Time Office Clerk/Receptionist
Higgins, Hopkins, McLain & Roswell, LLC, has an immediate opening for a full time Office Clerk/Receptionist. The position requires a candidate who will enthusiastically welcome the opportunity to...
View ArticleClik here to view.
Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a...
By Steve HeisdorfferOne of the 407 bills the Colorado legislature is considering as of the date of this blog post is House Bill 19-1170, the Residential Tenants Health and Safety Act, which can be...
View ArticleWhat are the most commonly claimed issues in construction defect litigation?
By: David M. McLainAs a lawyer that has spent his career defending against construction defect claims, one of the most common questions I get when counseling clients regarding risk management is: “What...
View ArticleClik here to view.
Scholarships Available for the 2019 CLM Claims College - School of Construction
I am pleased to have been invited to serve on the Executive Council and Faculty for this year’s CLM Claims College – School of Construction, which will be held at the Marriott Baltimore Waterfront from...
View ArticleClik here to view.
2019 Legislative Session
Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”). The bills broaden remedies, make more conduct a breach of the...
View ArticleClik here to view.
Clik here to view.
MIND THE APPEAL OR: A LESSON FROM AUTO-OWNERS INSURANCE CO. v. BOLT FACTORY...
By Jean MeyerOn May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v....
View ArticleClik here to view.
Appellate Court reverses district court’s finding of alter ego in Sedgwick...
Division V of the Colorado Court of Appeals addressed, for the first time, corporate veil-piercing in the context of a single-member, single-purpose LLC that is managed under a contract by another...
View ArticleClik here to view.
Why builders should reconsider arbitration clauses in construction contracts
By David M. McLainMy advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate...
View ArticleClik here to view.
Admissibility of Expert Opinions in Insurance Bad Faith Trials
In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary...
View ArticleClik here to view.
Insurance Company’s Reservation of Rights Letter Negates its Interest in the...
The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the...
View ArticleClik here to view.
Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements...
While Nunn-Agreements[1] may be appealing for both plaintiffs and defendants where an insurer unreasonably fails to defend a lawsuit, a recent opinion from The Honorable Marcia Krieger in the United...
View ArticleClik here to view.
Dave McLain named Barrister’s Best Construction Defects Lawyer for Defendants...
The attorneys and staff at Higgins, Hopkins, McLain & Roswell are proud to announce that Law Week Colorado named Founding Member Dave McLain as the 2019 People’s Choice for Best Construction...
View ArticleClik here to view.
Ben Volpe joins Higgins, Hopkins, McLain & Roswell
Higgins, Hopkins, McLain & Roswell is pleased to announce that Ben Volpe has joined the firm as an Associate. He is a graduate of the Catholic University of America Columbus School of Law,...
View ArticleClik here to view.
The Importance of Notice under the Construction Defect Action Reform Act:...
Last April, the U.S. District Court for the District of Colorado decided in an action for declaratory relief that the Colorado Construction Defect Action Reform Act (“CDARA”) does not afford insurers...
View ArticleClik here to view.
What to look for in subcontractor warranty endorsements
With increasing frequency in the construction defect cases we defend, we are seeing commercial general liability insurance policies with “subcontractor warranty” endorsements. Also known as contractor...
View Article