Michael Laszio | Clark Hill On Jun. 23rd, the Colorado Supreme Court handed down its latest word on the economic loss rule (also called the “economic loss doctrine”), affirming a $215.2 million judgment against a contractor that concealed a known performance problem while negotiating a quarter-billion-dollar design-build agreement. In Veolia Water Technologies, Inc. v. Antero Treatment… Continue reading Colorado Supreme Court Holds the Economic Loss Rule Does Not Bar Fraudulent Inducement Claims – Keys for Litigators and Drafters
Tag: Economic Loss Rule
Up in Smoke: A Cautionary Tale of the Economic Loss Rule
Brandon R. Clark | Saul Ewing In Mid-Century Ins. Co. v. HIVE Constr., Inc., 2025 CO 17, 567 P.3d 153, the Supreme Court of Colorado denied an insurer, as subrogee, damages in tort for its willful and wanton conduct after a contractor’s deliberate deviation from architectural design plans led to a restaurant fire and significant damages… Continue reading Up in Smoke: A Cautionary Tale of the Economic Loss Rule
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 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
No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule
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