Casey Quillen and Katherine Brim successfully argued the statute of repose barred all claims brought by Lennar builders against their client, a subcontractor on a Northern Colorado residential project. The client’s work was completed in 2005. Notwithstanding the Colorado Construction Defect Action Reform Act’s (CDARA) requires that suit generally be instituted no later than six […]
RQ Law Blog
Johnson v. State Farm Mutual Automobile Insurance Co., Inc. – The Court of Appeals holds that UM/UIIM waiver needs to be signed by every named insured (CA 10/09/14) When plaintiff’s insurance policy expired, Satriano called State Farm to obtain a policy for the car. Plaintiff was not present during the call. Both plaintiff and Satriano were […]
Impatient for change, Lakewood takes on Colorado’s construction-defects law passing a measure giving developers a “right to repair” and requiring owner associations to get consent from a majority of homeowners before pursuing litigation. The measure is seen as a small step toward promoting multi-family residential construction which has been hampered by high insurance premiums and […]
Analyzing risk and assessing exposure for a liability claim can be difficult, especially as a design professional navigating the myriad Colorado laws governing construction defects. Ruebel & Quillen, LLC offers you a synopsis of Colorado law governing claims and liability issues involving architects, engineers and land surveyors in this quick reference. Download Now
Contact us if you would like a copy of any opinion or would like to discuss the Court’s holdings. Wainscott v. Centura Health Corporation – Court of Appeals holds that strict compliance with hospital lien is not required (CA 08/14/14). The Court of Appeals held that minor filing and notice deficiencies should not invalidate […]
On Thursday, August 28, the Court of Appeals issued a ruling regarding mechanic’s liens when a building is developed into units that are then sold to individual owners. The ruling in Sure-Shock v. Diamond Lofts has important consequences for both owners and contractors. The case arose when the developer built out and sold commercial […]
Blogs serving the legal industry, design professionals, and insurers have been a-buzz since July 3, 2014 with news from the California Supreme Court. A number of headlines sensationalize the holding in Beacon Residential Community Assn. v. Skidmore, Owings & Merrill – but what impact does it truly have on the construction industry and architect liability […]
A proposed change to Rule 37 of the Federal Rules of Civil Procedure makes clear that electronically stored information must be preserved “in the anticipation or conduct of litigation” or a party will face sanctions. What circumstances indicate that litigation should be anticipated, triggering the duty to preserve electronically stored information? Courts have often discussed […]
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 […]
