Heather M. Anderson – January 5, 2012 Developers in Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument whereby they seek to hold the developer liable for one hundred percent of the damages in a construction defect action as a fiduciary under Colorado… Continue reading It is time to clarify that plaintiffs in construction defect cases cannot recover more than 100% of their actual damages.