January 10th marked the first day of the 2024 Colorado legislative session. After the pomp and circumstance of opening day, a total of eighty-six bills were introduced. Among them, two impact the construction and insurance industries. First, House Bill 24-1008 would make general contractors and their subcontractors, which are direct employers of an employee, jointly
We are thrilled to announce that Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) has been recognized in the 2024 Best Law Firm® rankings. Our firm has been placed in Metro Tier 2 in Colorado for Construction Law, a testament to our unwavering commitment to providing top-tier legal services.
At HHMR, we pride ourselves on our
In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc., 2023 COA 85 (2023), decided on September
The Third Division of the Colorado Court of Appeals recently interpreted the Homeowner Protection Act of 2007 (the “HPA”) in Heights Healthcare v. BCER, 2023 COA 44, decided on May 25, 2023. The Court held that a senior living community that is located on a parcel zoned “commercial” or “mixed use” constitutes “residential property” that
There is no doubt that urban sustainable building is a growing trend. More and more builders are looking to incorporate environmentally friendly practices into their projects, and governments are pushing for more sustainable development. However, this trend comes with a certain level of risk for builders, as there are a number of legal challenges that
During a recent conference, I was reminded of the idea that risk management in construction can be thought of as a three-legged stool. The first leg involves risk management, where a construction professional creates and manages an effective quality assurance/quality control program to minimize the risk of design and construction defects. The second leg involves
Abraham Lincoln once said, “Give me six hours to chop down a tree and I will spend the first four sharpening the ax.” When the housing market is strong, it is hard to find time to do anything other than acquire lots; build, market and sell homes; and service warranty calls. With the softening of
On June 7, 2023, the Colorado Legislature passed House Bill 23-1192 (“HB 23-1192”), now codified at C.R.S. § 6-1-730. As it was first drafted, HB 23-1192 purported to create additional protections in the Colorado Consumer Protection Act (“CCPA”), but instead threatened to put construction professionals at an increased risk during litigation. Under Section One of
