Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Tag: construction
Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Wendy Manley – September 5, 2012 In the latest turn of the ongoing saga of storm water regulation, the U.S. EPA has withdrawn its proposed rule that would have revised the enforceable numeric effluent limits for runoff from construction sites. The numeric limits were established for turbidity in effluent limitation guidelines (“ELG”) adopted by EPA… Continue reading Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement
Dispute Resolution Provisions in Construction Contracts
Antony L. Sanacory – October 2, 2012 Claims and disputes are common In the construction industry – projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and… Continue reading Dispute Resolution Provisions in Construction Contracts
Owner’s Approval of Means and Methods may not Relieve Contractor of Liability
James Warmoth – October 11, 2012 When faced with a risky means and methods issue—excavating near an existing structure, for example—contractors frequently seek or otherwise receive input (whether they want it or not) from the owner or its on-site representative. In other cases, the contractor may simply take comfort in the fact that the owner… Continue reading Owner’s Approval of Means and Methods may not Relieve Contractor of Liability