Colorado Enforces Ambiguous Limitation of Liability Clauses

Kelly Smith | Snell & Wilmer On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an ambiguous limitation of liability clause may be enforced. This stands in contrast… Continue reading Colorado Enforces Ambiguous Limitation of Liability Clauses

Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable

Ross A. Hoogerhyde – Gordon & Rees LLP – August 25, 2014 The Colorado Legislature enacted the Homeowner Protection Act (HPA), C.R.S. § 13-20-806(7), in response to unequal bargaining power between builders/developers and home buyers.  The Legislature was concerned that builders/developers included onerous clauses in form home purchase agreements that limited their liability for any… Continue reading Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable

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