Buck Mann – Higgins, Hopkins, McLain & Roswell – August 8, 2013 The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
Can Two Experts File Just One Report?
Robert Ambrogi – IMS ExpertServices – October 14, 2013 Federal courts prohibit expert witnesses from testifying unless they first file a written report of the opinions they will give and the facts they relied on in forming them. But is it ever acceptable for two separate experts to file a single, joint report? Yes it… Continue reading Can Two Experts File Just One Report?
Trust vs. Best Practices: the Dangers Posed by Lien Waivers
David A. Eisenberg – October 10, 2013 Every contractor has done it — signed a lien waiver prior to receiving payment — fully expecting to be paid. You have always been paid and it has never been an issue. But is it a safe practice? To understand the risk of this common practice, it is… Continue reading Trust vs. Best Practices: the Dangers Posed by Lien Waivers
Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Joe Forward, WisBar News – September 19, 2013 A couple who designed and built a home containing defects is not liable to the couple who bought the home, a state appeals court has ruled. The ruling is a contract warning for home buyers who lease homes with an option-to-purchase. Buyers Niksa and Kelly Ivancevic brought… Continue reading Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine