The Second Circuit Court of Appeals issued a significant decision in a case interpreting a design professional errors and omission policy. In Dormitory Authority v Continental Casualty, a building owner sued for damages for two design defects in the structure of the building. The owner sought a declaration that the design flaws were two separate […]
RQ Law Blog
On April 30, Senate Bill 220 was introduced into the Senate. The bill seeks modest reforms to Colorado statutes, particularly as they apply to claims by homeowner associations bringing claims for construction defects. There are three basic provisions to the bill. First, it makes it more difficult for an HOA to remove a clause in […]
When an insurance company seeks to limit or exclude coverage under the terms of an insurance policy, the insurer bears the burden or proving that a particular loss falls within an exclusion in the contract. In a dispute concerning an insurer’s duty to defend against a claim asserted against its insured in a civil suit, […]
Several years ago, Colorado courts adopted a version of the economic loss rule. As articulated through court decisions, when a party is injured due to a duty that arises from contract, the injured party’s remedies are limited to contractual damages. A claim for negligence or other tort can be asserted only if 1) the defendant […]
SB 161 and the Sunset Review of the State Board of Licensure Architects, Professional Engineers and Professional Land Surveyors are regulated under the Department of Regulatory Agencies Board. As with most regulatory agencies in Colorado, the Board will “sunset [be terminated]” unless the Legislature agrees to extend the statute authorizing the Board. Typically, if the […]
