Cinthia ManzanoIn order to reform Colorado’s construction defect laws, Colorado’s legislators enacted the original Construction Defect Action Reform Act (CDARA-I) in 2001 and CDARA-II in 2003. The intent of these laws was to preserve adequate rights and remedies for property owners bringing construction defect claims against construction professionals while also curbing perceived abuses related to such … Continue Reading
About To Make your Greatest Investment? Review What You Sign. It seems so simple, but most people get busy and think that the documents they need to sign are standard or cannot be changed. Whether you are purchasing a home or business, having construction done for either, or renting or leasing, you should … Continue Reading
You or your business could be at risk of being found to be an employer to someone previously thought to be an independent contractor. You could be sued for violation of The Fair Labor Standards Act (FLSA). There are many factors that can determine whether the person that worked for you is really an … Continue Reading
The Anticybersquatting Consumer Protection Act (ACPA) is designed to punish people for registering a domain name with the intent of making money off of someone else’s trademark rights even if a trademark is not registered. For example, if a well-known corporation had failed to register a domain name such as www.famouscorporation.com and someone else … Continue Reading
Don’t Run the Risk of Listing Your Own Home for Sale If you are a broker, check your E & O insurance policy. You may not want to list your own property for sale if you do not have coverage. Sellers and Brokers alike are being sued by buyers on claims of alleged misrepresentations regarding … Continue Reading
Rule E-44 Reminder: Is Your License Still Active? If you are a real estate broker, you may want to go online to www.dora.state.co.us/real-estate to confirm that your license is still active. The Colorado Real Estate Commission Rule E-44 requires a real estate licensee whose license has transferred to inactive status to immediately cease any … Continue Reading
You think you have a construction defect and you want to sue now? New law requires notice process. On April 25, 2003, Governor Owens signed House Bill 03-1161 changing construction defect law. This article summarizes the new notice requirements before a lawsuit can be filed for defects in residential property. The article does not address … Continue Reading
Co-Author: Jonathan A. Goodman, Esq. Obstacles in Amending and Enforcing Community Association Covenants: What your Association’s Documents Don’t Say May Hurt You. The Colorado Court of Appeals recently held that an association’s original covenants allowing for changes or modifications could not be amended to add a covenant that required homeowners to start paying dues for … Continue Reading
