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Colorado Enforces Ambiguous Limitation of Liability Clauses

On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an...more

Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction

Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more

Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases

Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million...more

Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders

The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more

Highlights from the Colorado Assembly’s Extraordinary Session for COVID-19 Relief

On November 30, 2020, the Colorado General Assembly convened for an extraordinary session aimed at providing additional pandemic relief. Of the nearly 40 bills that were introduced, 10 passed. By December 7, 2020, Governor...more

Post-COVID-19 Construction: How the Pandemic May Change the Design and Construction of Shared Spaces

Employers and employees alike used to place a premium on shared work spaces. These spaces were heralded as collaborative, cost-saving and trendy. Now, in the wake of COVID-19, people must avoid being in close proximity to...more

AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects

The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully...more

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