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Coming to the Neighborhood: Colorado Passes New HOA Laws

The Colorado legislature recently enacted several new laws that will significantly impact the conduct of homeowners’ associations (HOAs) across the state. These changes range from detailed procedures governing the collection...more

Colorado Expands Use of P3s in Public Sector Projects

Colorado Governor Jared Polis recently signed into law expanded public-private partnership (P3) enabling legislation following the Colorado General Assembly’s passage of SB22-130. The law permits state public entities,...more

Unfunded and Delayed Infrastructure Projects: Concerns for Landowners Facing Condemnation

Both Democrats and Republicans support a major infusion of funding into rebuilding the nation’s infrastructure. We’re not just talking about roads, bridges and highways — airports, the smart grid, water systems, electricity...more

Before You Cancel: The Risks of Suspending or Terminating Work

Over the past few months, an increasing number of owners have decided to halt, cancel or postpone their construction projects. Concerns about health and safety, decreased demand and changed financial circumstances have all...more

Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19

Understanding a construction contract necessarily oscillates between text — what is written — and context — what is intended and meant. In today’s uncertain business environment, an appreciation for that inherent tug-of-war...more

Recent Federal Court Decisions Open the Door for Developer Takings Challenges to Local Land Use Decisions

Local governments have a broad array of tools in their arsenal when it comes to urban planning and land use regulation. For decades, courts have largely taken a backseat and afforded local governments substantial discretion...more

Interpreting the Scope of Colorado's Anti-Indemnity Statute

A common feature of construction contracts is the indemnity or “hold harmless” provision, which transfers the risk of loss due to a third-party claim from one party to another. Several states have enacted laws that limit the...more

Three Considerations When Seeking Compensation for Lost Income Due to a Government Taking

Almost all real estate has the potential to generate income. An owner may rent out her property to commercial or residential tenants, or she might harvest and sell its natural resources, such as oil, gas, mineral deposits, or...more

Valuation Issues: Recovering Inseparable Damages

Imagine this: A local municipality has decided to expand the road behind your property. The road expansion project has many components. The number of lanes will increase from two to four. There will be a new raised median in...more

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