David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Category: Construction Law
Let’s Not Forget Those In-Person Deposition “Glitches”
Esquire Deposition Solutions Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to mention the cost savings and efficiencies of remote depositions (not to mention their compelling digital search, sharing and… Continue reading Let’s Not Forget Those In-Person Deposition “Glitches”
Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether the costs associated with hiring legal counsel to assist with the preparation of these proposals are… Continue reading Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals
Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights
Sean T. Scuderi | Tarter Krinsky & Drogin Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and interference. Section 881 of the Real Property Actions and Proceedings Law (RPAPL) is an effective… Continue reading Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights
Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Michael Packer | Marshall Dennehey The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. The appellate court found the trial court did not make the necessary findings in the first-party property claim… Continue reading Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court