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How to Sue Your Builder

Posted March 12, 2024 in Construction Law

With the largescale and ongoing residential development in Colorado, we continue to receive numerous calls from nervous homeowners asking what to do because their brand new ¾ million-dollar house is absolutely falling apart at the seams. Colorado, and perhaps other growing states, suffers from the public policy issue of how to increase affordable housing while […]

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DIY Construction Contracts

Posted March 12, 2024 in Construction Law, Contracts, Mechanics Liens

If you are a builder, general contractor, plumber, electrician, HVAC professional, architect, or engineer, you probably have developed contracts for your business over the years.  In general, many newer construction businesses work off of generic estimates that they make the customer sign, rely on verbal agreement, or pull a sample contract off the internet. This […]

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Changes to Colorado Construction Defect Laws in 2024

Posted March 12, 2024 in Construction Defect, Construction Law

Changes to Colorado Construction Defect Laws in 2024: a Basic Overview In February, the Senate introduced Bill 24-106, which proposes new changes to construction defect actions in Colorado. Modifying key provisions of the Construction Defect Action Reform Act (“CDARA”), SB 24-106 intends to help create affordable housing by decreasing costs to developers by reigning in […]

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Arbitration: What Is It And How Does It Work?

Posted March 05, 2024 in Litigation

What Is Arbitration In Colorado? Picture this common scenario: you are a homeowner looking to get some remodeling done on your property. You hire a builder who seems like a great fit, and you sign all the construction contract documents and make a deposit for the work. Over the course of the next month, you […]

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Evaluating The Admissibility Of Expert Testimony

Posted August 26, 2023 in Litigation

WHEN IS EXPERT TESTIMONY USED IN A LAWSUIT? Early in the pre-trial phase of a lawsuit, attorneys will often contemplate whether your case would be benefitted by the use of an expert witness. And, once that expert is secured, they will come into play in the “Discovery” phase of a typical civil lawsuit.Typically, expert witness […]

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When Can I Get Attorneys Fees Awarded In A Colorado Lawsuit?

Posted July 03, 2023 in Uncategorized

ATTORNEY FEE SHIFTING IN COLORADO: WHEN WILL A COURT AWARD ME ATTORNEYS FEES AND COSTS IN A LAWSUIT? This is one of the most common questions potential clients ask during our free consultations. And, it stands to reason. After all, if there’s a way to sue someone or defend a lawsuit and not have to […]

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Cdara Notice Of Claim Statutes In Colorado

Posted April 28, 2023 in Uncategorized

WHAT IS THE NOTICE OF CLAIM PROCESS IN COLORADO? People with pre-litigation construction disputes often want to know what to expect. When a party to a dispute is alleging the construction was done poorly, or was defective, causing damages, the parties need to consider CDARA. CDARA is Colorado’s Construction Defect Action Reform Act. CDARA sets […]

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What Are Typical Construction Disputes In Colorado?

Posted April 14, 2023 in Uncategorized

Rarely is there a construction project in Colorado where a dispute does not arise. Disagreements are one thing, but when those disagreements pose a risk to the project itself, that’s another thing entirely. Thousands if not millions of dollars could be at stake. Delay, increased costs, and damage to the reputation of the parties involved […]

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What Is The Colorado Retainage Law For Private Construction Contracts?

Posted April 04, 2023 in Uncategorized

RETAINAGE LAWS HAVE CHANGED IN COLORADO. IF YOU ARE INVOLVED IN NEGOTIATING A NEW CONSTRUCTION PROJECT, YOU NEED TO REVIEW THE STATUTE BELOW AND UPDATE YOUR CONTRACTS ACCORDINGLY. C.R.S. 38-46-103. PRIVATE CONSTRUCTION CONTRACTS – RETAINAGE – CONDITIONS PRECEDENT. (1) A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of […]

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