David McLain | Higgins, Hopkins, McLain & Roswell In its recent decision in Mid-Century Insurance Co. v. HIVE Construction, Inc., 2025 CO 17, the Colorado Supreme Court definitively closed the door on an often-litigated theory: that the economic loss rule does not bar tort claims based on willful and wanton conduct. The ruling clarifies a lingering… Continue reading No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule
Tag: colorado
Colorado’s New Construction Bill: What Developers Need to Know
Christopher Yost | Adams & Reese On May 12, 2025, Governor Jared Polis signed HOUSE BILL 25-1272, a significant piece of legislation aimed at reforming the construction defect process, particularly for middle market housing (multifamily, attached housing of two or more units), to promote the construction of affordable homes in Colorado. This bill introduces several changes… Continue reading Colorado’s New Construction Bill: What Developers Need to Know
Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
Laura Martinez | Fairfield & Woods Under Colorado’s mechanics’ lien trust fund statute, CRS § 38-22-127 (trust fund statute or statute), a contractor who fails to pay its subcontractors, despite having been paid by the owner, can face criminal and civil liability. This article provides an overview of civil liability under the trust fund statute.… Continue reading Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
William Jones | Lathrop GPM In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under Colorado law in Mid-Century Insurance Company v. HIVE Construction, Inc., 2025 CO 17 (2025). While the… Continue reading Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
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