By Jim Goh, partner, Holland & Hart LLP.
The Colorado Anti-Discrimination Act (CADA) prohibits employers from, among other things, firing employees for engaging in lawful, off-duty, off-premises activities. While this provision of CADA was originally passed to prevent employers from firing smokers, employees have used the provision to challenge their discharge for a variety of other lawful, off-duty activities, such as engaging in unpopular political activities or in homosexual relationships. And while originally believed to protect employees from discharge only for off-duty conduct unrelated to their jobs, on October 16, 2008, the Colorado Court of Appeals expanded the scope of protections and held that the provision also protects employees from discharge due to job-related whistleblowing.
Continue reading "Can I Fire This Empoloyee Based On Off-Duty Conduct?" »
By Joe Ramirez
Insurance coverage litigation and construction defects seem to go hand in hand in Colorado. And this summer has produced some of the most significant changes in insurance coverage litigation in Colorado in decades. First, the State Legislature amended Colorado’s Unfair Claims Practices Act to provide policyholders with substantial remedies against insurers who unreasonably delay or deny benefits under an insurance policy. The statute provides much needed help for policyholders who are forced by their insurers to litigate claims to obtain coverage. Meanwhile, the Colorado Court of Appeals ruled in favor of property insurers who use Anti-Concurrent Causation language in their exclusions. The decision is extremely important for businesses who own and insure real or personal property; such businesses must be vigilant against such language in their commercial property policies. Finally, the Court of Appeals ruled that lawyers who represent clients on behalf of an insurance company have a duty to recommend independent counsel where the client’s interests conflict with the insurers. All of these developments have changed the landscape of insurance coverage litigation in Colorado.
Continue reading "Major Developments in Colorado Insurance Coverage Law" »
Thermo Development, Inc. v. Central Masonry Corp. (Colo. App. Sept. 18, 2008)
The Colorado Court of Appeals rules that statute allowing the maintenance of an indemnification action within 90 days of settling an underlying lawsuit does not toll the six-year statute of repose.
Continue reading "Court of Appeals Delivers A Blow To Pay And Chase In Colorado" »
By Melissa A. Orien and David W. Zimmerman*
With the buzz of “going green” as the latest trend, public and private owners alike are seeking environmentally friendly construction projects. The trend comes with an increased risk of liability for designers and contractors on green projects. Designers and contractors should adjust their practices to keep their green projects from dragging their bottom line into the red.
Three such best practices include (1) engaging in clear project-level communication to adequately adjust the parties’ expectations, (2) understanding green products to be used on the project, including their limitations and availability; and (3) avoiding conduct that warrants or guarantees a final result.
Continue reading "Keeping Your Green Project Out of the Red" »
By John Scorsine
July 11, 2008
All employers have various requirements placed upon them when hiring new employees. Companies doing business with the Government have additional requirements for reporting and compliance in the realm of employment law. This last month the President began the process of creating an additional “new hire” requirement for employers that contract with the Federal government.
Continue reading "Who is that worker? (Government Contractors and Forthcoming E-Verify Requirements)" »
Ranta Construction, Inc. v. Anderson (Colo. App. 2008)
In a 34-page opinion regarding defective windows, the Court of Appeals explains at length why the homeowners' refusal to allow the contractor and window vendor to repair admittedly-defective windows justifies the trial court's judgment against the homeowner.
Continue reading "Contractor only required to repair, not replace, defective windows" »
New Design Construction Company, Inc. v. Hamon Contractors, Inc. (Colo. App. 2008)
The Court of Appeals holds that the duty of good faith and fair dealing applies to a prime contractor's right to schedule and sequence the work. Additionally, the Court holds that a subcontractor not suing CDOT directly is not required to exhaust the CDOT administrative remedies prior to maintaining a suit against the prime contractor. Finally, the Court addresses when penalty interest under Colorado's prompt pay act applies and begins accruing.
Continue reading "Subcontractor not required to perform its paving work at midnight using teaspoons" »
Copper Mountain, Inc. v. Industrial Systems, Inc. (Colo. 2008)
Today, the Supreme Court of Colorado granted cert. on the following issue: Whether the court of appeals erred in ruling a waiver of subrogation provision in an American Institute of Architects ("AIA") form contract barred all of owner-plaintiff’s claims, thereby creating a conflict with another decision of the court of appeals, Town of Silverton v. Phoenix Heat Source System, Inc., 948 P.2d 9 (Colo. App. 1997), which held the waiver provision barred only claims for damages to the "Work" required to be insured by the owner under the contract.
Continue reading "Cert. granted on whether subrogation waiver applies only to the "Work"" »
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" »
Between a Rock and a Hard Place: New Ethics Rules for Government Contractors