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Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine

In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of...more

Recent Colorado Appeals Court Decisions Regarding Public Project Liens Sparks Concern Amongst Construction Industry Professionals

On August 1, 2024, a division of the Colorado Court of Appeals issued an opinion regarding the nature of delay damages asserted in a verified statement of claim, the Colorado statutory lien system for constructions services...more

Mechanics’ Liens: Misapplication of a “Blanket Lien” Under Colorado’s General Mechanics’ Lien Act

A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more

Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know

The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of...more

Colorado Homebuilders May Face Increased Claims Under the Colorado Consumer Protection Act - New Legislation Seeks to Eliminate...

A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in...more

Colorado Court of Appeals Further Expands Definition of “Residential Property” for Homeowner Protection Act

Colorado’s Homeowner Protection Act (“HPA”), C.R.S. § 13-20-806(7)(a), renders void as against public policy a contract’s limitation or waiver of a “residential property owner’s” rights and remedies provided under Colorado’s...more

Colorado Legislation to Improve Wildfire Resiliency Through Building Codes and Grants Will Impact Construction Industry

During the 2023 legislative session, Colorado passed eleven bills related to wildfire prevention and recovery. The Centennial State had its worst fire season in history in 2020 and is still recovering from the devastating...more

Colorado Statute of Limitations Defense May Not Apply in Arbitration

The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration...more

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