Colorado Construction Law 
Post Frequency: 0.2/day Last Entry: April 30, 2009 at 16:00:00 Recent Entries: 27
By Holland & Hart Construction Law Practice Group
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The Economic Loss Rule Still Bars Tort Claims By Contractors Against Design Professionals
Posted on April 30, 2009Hamon Contractors, Inc., v. Carter & Burgess, Inc. (Colo. App. 2009) In this April 30, 2009, opinion, the Court of Appeals rejects the position that alleging fraud is enough to avoid application of the economic loss rule. Instead, the Court...
Silence by Developer in Response to Demand to Repair Might Be Enough to Toll Statute of Limitations
Posted on February 05, 2009Smith v. Executive Custom Homes (Colo. App. 2009)In this construction defects case, the plaintiff admittedly filed the complaint beyond the statute-of-limitations period. But the plaintiff argued that the statute of limitations should be equitably tolled under the repair doctrine...
Loss-of-Bonding-Capacity Claims Are Back in Colorado
Posted on January 12, 2009Denny Construction v. Denver (Colo. 2009)Reversing a Court of Appeals opinion, the Colorado Supreme Court holds that impaired bonding capacity claims are not speculative as a matter of law. Instead, like all claims for lost profits, they must be established...
Court of Appeals Addresses Unjust Enrichment Claims by Subcontractors and Suppliers
Posted on December 24, 2008Redd Iron, Inc. v. Int'l Sales and Service Corp. (Colo. App. Dec. 24, 2008).In DCB Construction Co., Inc., v. Central City Development Co., 965 P.2d 115 (Colo. 1998), the Supreme Court of Colorado held that, in order for a property...
Owner Can Pursue Trust-Fund Claim Against General Without First Paying Subcontractors
Posted on December 24, 2008Syfrett v. Pullen (Colo. App. Dec. 24, 2008).A division of the Court of Appeals held that a project owner has standing to sue a general contractor for violation of the trust fund statute due to the general contractor's failure to...
Can I Fire This Empoloyee Based On Off-Duty Conduct?
Posted on October 21, 2008By Jim Goh, partner, Holland & Hart LLP. The Colorado Anti-Discrimination Act (CADA) prohibits employers from, among other things, firing employees for engaging in lawful, off-duty, off-premises activities. While this provision of CADA was originally passed to prevent employers from...
Major Developments in Colorado Insurance Coverage Law
Posted on October 06, 2008By Joe Ramirez Insurance coverage litigation and construction defects seem to go hand in hand in Colorado. And this summer has produced some of the most significant changes in insurance coverage litigation in Colorado in decades. First, the State Legislature...
Court of Appeals Delivers A Blow To Pay And Chase In Colorado
Posted on September 18, 2008Thermo Development, Inc. v. Central Masonry Corp. (Colo. App. Sept. 18, 2008) The Colorado Court of Appeals rules that statute allowing the maintenance of an indemnification action within 90 days of settling an underlying lawsuit does not toll the six-year...
Keeping Your Green Project Out of the Red
Posted on August 20, 2008By Melissa A. Orien and David W. Zimmerman* With the buzz of ?going green? as the latest trend, public and private owners alike are seeking environmentally friendly construction projects. The trend comes with an increased risk of liability for designers...
Who is that worker? (Government Contractors and Forthcoming E-Verify Requirements)
Posted on July 11, 2008By John ScorsineJuly 11, 2008 All employers have various requirements placed upon them when hiring new employees. Companies doing business with the Government have additional requirements for reporting and compliance in the realm of employment law. This last month the...
Contractor only required to repair, not replace, defective windows
Posted on June 27, 2008Ranta Construction, Inc. v. Anderson (Colo. App. 2008) In a 34-page opinion regarding defective windows, the Court of Appeals explains at length why the homeowners' refusal to allow the contractor and window vendor to repair admittedly-defective windows justifies the trial...
Subcontractor not required to perform its paving work at midnight using teaspoons
Posted on June 26, 2008New Design Construction Company, Inc. v. Hamon Contractors, Inc. (Colo. App. 2008) The Court of Appeals holds that the duty of good faith and fair dealing applies to a prime contractor's right to schedule and sequence the work. Additionally, the...
Cert. granted on whether subrogation waiver applies only to the "Work"
Posted on June 09, 2008Copper Mountain, Inc. v. Industrial Systems, Inc. (Colo. 2008) Today, the Supreme Court of Colorado granted cert. on the following issue: Whether the court of appeals erred in ruling a waiver of subrogation provision in an American Institute of Architects...
Indemnification statute of limitations does not apply to claims by developer against subcontractors for recovery of costs incurred in performing warranty work
Posted on May 29, 2008Richmond American Homes of Colorado, Inc. v. Steel Floors, LLC, et al. (Colo. App. 2008) In a construction defects lawsuit, the Court of Appeals reversed the trial court's ruling that Richmond's claims against its subcontractors were time barred to the...
Free Legal Seminar on the New Ethical Rules for Government Contractors
Posted on May 19, 2008Between a Rock and a Hard Place: New Ethics Rules for Government Contractors A COMPLIMENTARY LEGAL SEMINAR FOR THE CONSTRUCTION INDUSTRY* 6/11/2008 Wednesday, June 11, 2008 7:30 a.m. - 10:00 a.m. Holland & Hart's Denver Office 555 17th Street, 32nd...
Plaintiff does not have to plead or prove compliance with CDARA
Posted on May 15, 2008Land-Wells v. Rain Way Sprinkler and Landscape, LLC (Colo. App. 2008) Within the context of a personal injury action, the Colorado Court of Appeals holds that the Construction Defect Action Reform Act (CDARA) does not require the plaintiff to plead...
Colorado adopts the "active interference" exception to no-damages-for-delay clauses
Posted on May 01, 2008Tricon Kent Co. v. Lafarge North America, Inc. (Colo. App. 2008) The Colorado Court of Appeals holds that no-damage-for-delay clauses are enforceable in Colorado, but that the "active interference" doctrine is a recognized exception to the enforceability of such clauses.
Owner's Claim Asserting Faulty Construction Insufficient To Trigger Subcontractor's Duty To Indemnify General
Posted on April 17, 2008Boulder Plaza Residential, LLC v. Summit Flooring, LLC (Colo. App. 2008) The Colorado Court of Appeals holds that an owner's claim of alleged defective workmanship is not sufficient, under the particular subcontract at issue, to trigger the subcontractor's duty to...
Court Of Appeals Gives Lengthy Analysis Of Changed-Conditions Claims
Posted on February 07, 2008URS Group, Inc. v. Tetra Tech FW, Inc. (Colo. App. 2008) The Colorado Court of Appeals addresses in detail the elements of, and defenses against, a Type-I differing site conditions claim.
Subrogation Waiver Covers The Entire Loss, Not Just "The Work"
Posted on November 29, 2007Copper Mountain, Inc. v. Industrial Systems, Inc. (Colo. App. 2007) Creating a split in the Colorado Court of Appeals, a division of the Court held that the subrogation waiver in AIA A201 covers any damage to the building, not just...
Lost Bonding-Capacity Claims Are Too Speculative (on cert.)
Posted on November 26, 2007Denny Construction v. Denver (Colo. App. 2007) The Colorado Court of Appeals held that, as a matter of law, lost bonding-capacity claims are too speculative.
Refusal To Release Mechanics? Lien And Lis Pendens Following Payment Of Judgment Results In Award Of Fees
Posted on November 01, 2007Front Range Home v. Stowell (Colo. App. 2007) The Colorado Court of Appeals affirmed a trial court's award of attorney's fees to defendant based upon plaintiff?s conduct concerning the release of the mechanic?s lien and notice of lis pendens. Basically,...
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The question is really one relating to respondeat superior or the liability of a...
My building is having construction to expand the pizza shop I live over, they work until 3:00am making noise I have 2 young children. I don't want to live above a restaurant its too noisy.
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How to split marital assets in a divorce whose ownership is shared by other parties?
My father recently went through this. If the land in question was owned by him a...
Am I considered to be common law married to my boyfriend?
If the common law marriage is recognized in that state then the 2 people can fil...
Does anyone know why EVERYTHING is going condo all-of-a-sudden? All of the apartment complexes around here (Sarasota, FL) are going condo within a couple of months of each other and people like me who don't want to own (
For all intents and purposes, home ownership should be everyone's goal. As hard ...
I am a paralegal at the Colorado Dept. of Labor and Employment. In law, do we still refer to the master-servant relationship or is it being replaced by the employer-employee relationship.
The question is really one relating to respondeat superior or the liability of a...
My building is having construction to expand the pizza shop I live over, they work until 3:00am making noise I have 2 young children. I don't want to live above a restaurant its too noisy.
Most leases will stipulate the terms under which the lease can be terminated. Al...
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