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David McLain Recognized Among the 2021 Edition of The Best Lawyers in...
David McLain is a founding member of Higgins, Hopkins, McLain & Roswell. Mr. McLain has over 22 years of experience and is well known for his work in the defense of the construction industry,...
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Colorado’s abbreviated legislative session offers builders a reprieve
Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact...
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Colorado requires builders to accommodate high-efficiency devices in new homes
Starting in 2009, the Colorado Legislature began adding requirements that builders offer certain options to accommodate high-efficiency devices. These requirements started with solar prewire options in...
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This is why I practice law
This week I received an e-mail from a developer client with whom we have recently been working on a residential construction defect matter. I receive a lot of e-mails during any given week, but this...
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Carin Ramirez and David McLain recognized among the Best Lawyers in America©...
Higgins, Hopkins, McLain & Roswell is pleased to announce that Carin Ramirez and David McLain were recently selected by their peers for inclusion in TheBest Lawyers in America© for 2021. Carin...
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Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully...
As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog...
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Attorneys' fee clauses are engraved invitations to sue
As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and...
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Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
One of the thorns in the side of every construction defect defense litigator is the implied warranty claim. The “implied warranty” is a promise that Colorado law is “implied” into every contract for a...
View ArticleHouse Bill 21-1167 (5% Private Retention) Set for Second Reading in the Senate
A recent e-mail blast from the American Subcontractors Association Colorado regarding House Bill 21-1167 included a "Fact Sheet" on the bill states: VOTE YES ON HB21-1167 PRIVATE CONSTRUCTION CONTRACT...
View ArticleHHMR is Looking for an Associate/Supporting Attorney (0-5 Years of Experience)
About Higgins, Hopkins, McLain & Roswell Founded in 2001, Higgins, Hopkins, McLain & Roswell (“HHMR”) exists to embody and exemplify the principles of service and stewardship. In everything we...
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Keep it Simple with Nunn-Agreements in Colorado
On May 24, 2021, the Colorado Supreme Court published its decision in Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass'n.[1] There, the Colorado Supreme Court was tasked with answering whether an...
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Understanding Colorado's new retainage law
From the Fall 2021 Colorado Builder Magazine:To find the original version of this article, follow this link.
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HHMR Celebrates 20 Years of Service!
I remember it (almost) like it was yesterday. It was September of 2001, and I was a third-year associate at Long & Jaudon, practicing with the construction litigation group. After a long weekend...
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HHMR lawyers recognized by Best Lawyers
For over twenty years, Higgins, Hopkins, McLain & Roswell has embodied and exemplified the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and...
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Contractual warranty agreements may preclude future tort recovery
When a buyer purchases a product that is later discovered to be defective, the court offers a remedy to make the buyer whole. Such remedies can arise either out of a contract, including express and/or...
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The Economic Loss Rule: From Where Does the Duty Arise?
When entering a contract under Colorado law or attempting to enforce your rights when the other party breaches a contract, it is important to know and understand what rights you have and what claims...
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Revisiting Denver's construction defect ordinance
I recently had the opportunity to write an article for the Winter 2022 edition of the Colorado Builder Magazine. Since we are now seeing construction defect claims on projects built after enactment of...
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Denver’s Proposed Solution to the Affordable Housing Crisis
Over the past ten years, Colorado has seen a population growth of almost 15 percent, with many residing in Denver. In fact, in 2020, Denver ranked among the top five cities for inbound growth in the...
View ArticleHHMR is Hiring a Director of Operations/EOS Integrator
Founded in 2001, Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients...
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The Colorado Healthy Families and Workplaces Act: It may be time to review...
Gov. Jared Polis signed the Colorado Healthy Families and Workplaces Act (HFWA) on July 14, 2020, and it became effective at the start of this year. It requires that all employers provide each employee...
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