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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

California’s New Law AB 98 Adds Significant Requirements to Warehouse Design and Construction

On September 29, 2024, California Governor Gavin Newsom signed California Assembly Bill 98 (AB 98) into law. AB 98 was created to add to California’s attempts to reduce emissions by providing new requirements for warehouse...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 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 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

Developments for Development in Colorado

Three recent developments, one a bill before the Colorado state legislature, another a referendum in Denver, and the last a decision by the Colorado Court of Appeals, highlight some of the challenges for residential...more

The Colorado False Claims Act Brings New Risks for Government Contractors in Colorado

In June of 2022, Colorado Governor Jared Polis signed into law House Bill 22-1119, informally known as the Colorado False Claims Act (the “CFCA”). The CFCA is modeled after the federal False Claims Act and imposes liability...more

Colorado Boosts Incentives for Innovative Housing Construction With New Legislation

The Colorado Legislature recently addressed that Colorado is experiencing a lack of affordable housing at critical levels. On May 20, 2022, Colorado governor Jared Polis signed into law House Bill 22-1282. The act, called...more

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