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Real Estate Development Homeowners Association (HOA) Construction Defects

Otten Johnson Robinson Neff + Ragonetti PC

HB 25-1272: What Colorado Developers Need to Know About the State’s New Construction Defect Law

On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and...more

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

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In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more

Snell & Wilmer

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

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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

Snell & Wilmer

Utah Still Thinks Privity of Contract is Important

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In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more

Snell & Wilmer

Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

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Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279....more

Stinson LLP

Minnesota Legislature Revises Minnesota Common Interest Ownership Act

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In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk...more

Brownstein Hyatt Farber Schreck

Colorado State Legislature Finally Passes Construction Defects Reform Legislation

In a dramatic and seemingly overnight change of course, the Colorado House of Representatives unanimously approved House Bill 1279 on April 24, 2017. Days later, on May 4, 2017, HB 1279 passed unanimously in the Colorado...more

Snell & Wilmer

Colorado House Bill 1279 stalls over 120-day unit owner election period

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With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect...more

Ballard Spahr LLP

Real Estate News in Metro DC

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Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C. ...more

Polsinelli

Construction Defect Debate to be Heard by Colorado Supreme Court

Polsinelli on

The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015,...more

Carlton Fields

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Snell & Wilmer

Recent Developments in Colorado Construction Law

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Hot Button Issues in Colorado Construction - Liability for owners, developers, contractors and design professionals - A construction defects measure, which was introduced to the state legislature in the 2014...more

Brownstein Hyatt Farber Schreck

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

Ervin Cohen & Jessup LLP

The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects

In the case of Beacon Residential Community Association v. Skidmore Owings and Merrill et. al. (July 3, 2014, S208173) Cal.4th, a condominium homeowners association, sued the developer of the project and the project architect...more

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