Richmond American Homes of Colorado, Inc. v. Steel Floors, LLC, et al. (Colo. App. 2008)
In a construction defects lawsuit, the Court of Appeals reversed the trial court's ruling that Richmond's claims against its subcontractors were time barred to the extent they involved repairs to homes made more than 90 days before the complaint was filed.
Continue reading "Indemnification statute of limitations does not apply to claims by developer against subcontractors for recovery of costs incurred in performing warranty work" »
Land-Wells v. Rain Way Sprinkler and Landscape, LLC (Colo. App. 2008)
Within the context of a personal injury action, the Colorado Court of Appeals holds that the Construction Defect Action Reform Act (CDARA) does not require the plaintiff to plead or prove compliance with the notice process of CDARA, or that the alleged injuries or damages arose from a "construction defect."
Continue reading "Plaintiff does not have to plead or prove compliance with CDARA" »
Tricon Kent Co. v. Lafarge North America, Inc. (Colo. App. 2008)
The Colorado Court of Appeals holds that no-damage-for-delay clauses are enforceable in Colorado, but that the "active interference" doctrine is a recognized exception to the enforceability of such clauses.
Continue reading "Colorado adopts the "active interference" exception to no-damages-for-delay clauses" »
Between a Rock and a Hard Place: New Ethics Rules for Government Contractors