RECENT ARTICLES BY JESSE WITT
Contracting parties may extend the statute of limitations for construction defect claims, according to a new opinion from the Colorado Court of Appeals. Construction defect claims in Colorado are subject to the Construction Defect Action Reform Act (CDARA), a series of statutes first enacted in 2001 and modified at various times since then. In 2007,
Co-Author: Jesse Howard Witt The 2022 legislative session brought sweeping changes to the Colorado Common Interest Ownership Act (“CCIOA”), the act that governs most homeowners associations in Colorado. In response to reports of a handful of associations aggressively enforcing fines against homeowners—particularly against lower income owners and families of color—the state’s general assembly added new
Anyone who has registered their car online is likely familiar with credit card surcharges. If an owner pays with a credit card, the Colorado DMV collects an extra fee to cover merchant processing costs. Starting on July 2, 2022, all businesses in the state—not just government agencies—are allowed to charge their customers surcharges to offset
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
HOA liens are not spurious, even if annexation is disputed The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly. The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999,
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
Jesse Witt is of counsel with Frascona, Joiner, Goodman and Greenstein, P.C., a Colorado law firm. His practice areas include Construction, Litigation, Association Law, Real Estate, Appeals and Intellectual Property. Contact Jesse Witt.
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