Fennemore Construction insurance is not a predictable risk—it is an escalating one. Claims are rising in both frequency and severity, driven by labor shortages, increasing project complexity, and a more aggressive litigation environment. Financial exposure is accelerating as well. U.S. liability losses have climbed by tens of billions over the past decade, while defect claims… Continue reading The Hidden Fault Lines In Colorado Construction Insurance
Tag: colorado
At a Glance: Construction Contracts in USA (Colorado)
Michael Paul and Jacob Carruthers | Dinsmore & Shohl Contracts Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? The construction and design industry in Colorado frequently utilizes standard… Continue reading At a Glance: Construction Contracts in USA (Colorado)
The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado
Miller Chasen and Sherman Robert | Otten Johnson Robinson Neff & Ragonetti On April 21, 2025, the Colorado Supreme Court handed down its decision in Mid-Century Ins. Co. v. HIVE Construction. This case provided a further articulation of the Court’s interpretation of the economic loss rule, a legal doctrine that broadly prevents certain plaintiffs from recovering… Continue reading The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado
Colorado American Dream Act: Condominium Construction Defect Procedures
Bob Burton, Will Smith and Kristi Stotts | Winstead Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill 25-1272, the Colorado American Dream Act, to address these barriers and encourage new condominium development. The… Continue reading Colorado American Dream Act: Condominium Construction Defect Procedures
Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Michael Laszlo | Clark Hill On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction between intentional conduct (which is an exception the to the rule) and willful… Continue reading Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct