Drafting Settlement Agreements that Prevent Future Problems
Settlement agreements are a common alternative to going to court or filing a lawsuit to resolve a problem. The attraction of settlement agreements is that they are thought to offer a quicker and less expensive resolution than a drawn out court-process. While usually true, settlement agreements aren’t always foolproof. A well thought out, well drafted
Getting Familiar With Commercial General Liability (CGL)
All businesses need insurance coverage to protect them against the financial risks of doing business. In the construction industry this coverage includes many things like bodily injury, property damage, and sometimes workers’ compensation insurance. One very common insurance coverage is Commercial General Liability (CGL) insurance. This is a standard coverage option that used to be
When Can A General Contractor’s Knowledge Be Imputed To A Developer?
In construction litigation, one question that often arises is “Who knew what and when did they know it?” It’s an important point for clarifying responsibility for construction defects and remedying those defects. The term “impute” can come into play in these situations, particularly when one construction professional oversees another, as is the case with general
Application Of The Homeowner Protection Act Of 2007
Residential property owners who have suffered damages as a result of a construction professional’s negligence can find themselves wondering what remedies are available to them. They may fear limitations on their rights under construction defect law protections, but consumer protection is a high priority for the state, too. The Homeowner Protection Act of 2007 (HPA)
Construction Litigation Attorney For Decks and Balconies
Decks and balconies are popular additions and finishing touches to homes and condominiums, often necessitating the expertise of construction law lawyers to ensure compliance with local regulations and contracts. They provide usable outdoor space, even when space is limited or a yard non-existent, making them essential features to consider in various property-related legal claims and
Construction Litigation Attorney For Roofs
Of all the possible construction defects, roofs account for far more than their fair share of litigation. Roofing defects are the most common type of construction defect we see in Colorado construction litigation cases. Unfortunately, they are also some of the hardest to identify early. Until a problem arises there is no way to know
How the Discovery Rule Affects the Statute of Limitations
Colorado’s Statute of Limitations for construction defects is intended to protect contractors and construction professionals from litigation brought on well after completion of the project, but the Discovery Rule can change that. How The Statute of Limitations Works A Statute of Limitations is a law passed by the state. This law puts a deadline
Economic Loss Doctrine: A License To Sell Defective Building Products?
Economic Loss Doctrines (ELDs) were originally intended to protect parties from excessive claims or lawsuits resulting from consumer dissatisfaction. Traditionally, Economic Loss Doctrines prohibit tort recovery when a product defect or failure causes only economic loss. That is to say, if there is no personal injury or damage to any other property or products, a
How Can Homeowners Seek Redress for Construction Defects?
A house is a huge investment; likely the largest you’ll ever make. It’s only natural to want to protect it as best you can. Sometimes, that protection comes in the form of seeking redress, remedies or compensation for construction defects that are present in the home. Construction defects are defined as “a failure to construct
Senator Ray Scott’s Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Three Years
Construction defect lawsuits are a hot topic in Colorado. The state counts the number of construction defect lawsuits as part of the reason for the slowdown in new construction projects. Builders are wary of taking on new developments, particularly multi-family units, due to the rise in construction defect lawsuits even though that is the type