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New Law Limits Retainage in Private Construction Projects

Co-Author:  Lauren M. Taylor[i] This summer, the Colorado General Assembly adopted new limits on the amount of retainage a property owner can withhold from contractors and subcontractors in private construction contracts. Retainage and Limits Retainage is a percentage of a contract or subcontract price withheld from a contractor by a property owner until the completion … Continue Reading

Colorado Supreme Court Finally Fixes 30-Year Old Defect in Statute of Repose

This following article originally appeared in The Colorado Trial Lawyers Association – Trial Talk, August/September, 2017 Edition. The article discusses the history of Colorado’s statute of repose for construction defect claims and analyzes a decision that corrects a flaw in the statute that had nettled litigators since 1986. Article Excerpt: This year, the Colorado Supreme … Continue Reading

Weyerhaeuser Joists and Formaldehyde

Homeowners that purchased a home with joists installed after December 1, 2016 are being rapidly removed to alternate housing or have had their closings delayed due to Weyerhaeuser joists that are coated with formaldehyde. The contaminated joists are the TJI ® Joists with Flak Jacket ® Protection. On July 18, 2017, Weyerhaeuser issued a statement … Continue Reading

What Is Slander of Title and What Can You Do to Remove It?

When Does a Document Recorded Against Real Property Constitute a “Slander of Title” and What Can You Do to Remove It? All deeds, powers of attorney, agreements, and other instruments conveying, encumbering, or affecting title to real estate, including certified copies of orders, judgments, and decrees of courts may be recorded in the office of … Continue Reading

Local Ordinances on Construction Defects

Know Your Local Ordinance on Construction Defects When state law on construction defects failed to change despite lobbying efforts, many cities enacted their own local ordinances regarding how to deal with construction defects in new housing and there are probably more to come. Currently, Arvada, Aurora, Centennial, Colorado Springs, Commerce City, Denver, Lakewood, Littleton, Lone … Continue Reading

Construction Defects and Housing

Over the past several years the people of Colorado have debated how to protect homeowners from defects in the construction of their newly purchased homes, while still giving the economy a boost and encouraging builders to continue to build and provide new and affordable multi-family housing in Colorado. Efforts last year to revise the existing … Continue Reading

Mechanic’s Liens – Nuts and Bolts

The Mechanic’s Lien process in Colorado is governed by statute, namely, C.R.S. § 38-22-101, et seq. One key issue to be aware of is that the Mechanic’s Lien process is extremely deadline intensive. Missing a deadline by just a day can void a contractor’s lien rights. Below is a general overview of this statutory and … Continue Reading

Notice of Claims Process Under the Construction Defect Action Reform Act

In 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

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