David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Tag: colorado
Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context
Meredith Schilling | Zelle A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29, 2024), the District Court issued an order requiring the insurer defendant to turn over all communications between… Continue reading Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Colorado Mechanic’s Liens – Three Key Steps
Laura Martinez | Fairfield & Woods In construction projects, non-payment issues often arise. Mechanic’s liens are filed on the property where the work was performed and are an important tool for construction professionals and material suppliers to obtain payment. However, because the statutory requirements for mechanic’s liens are strictly enforced it is critical that… Continue reading Colorado Mechanic’s Liens – Three Key Steps
Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
Blake Jackson and Amanda McKinlay | Snell & Wilmer 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 Representatives, aims to further protect homeowners by expanding the statute of repose under which a… Continue reading Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know