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Posted August 26, 2023 in Litigation
WHEN IS EXPERT TESTIMONY USED IN A LAWSUIT? Early in the pre-trial phase of a lawsuit, attorneys will often contemplate whether your case would be benefitted by the use of an expert witness. And, once that expert is secured, they will come into play in the “Discovery” phase of a typical civil lawsuit.Typically, expert witness […]
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Posted August 19, 2023 in Uncategorized
“A LAWYER, AS A MEMBER OF THE LEGAL PROFESSION, IS A REPRESENTATIVE OF CLIENTS, AN OFFICER OF THE LEGAL SYSTEM AND A PUBLIC CITIZEN HAVING SPECIAL RESPONSIBILITY FOR THE QUALITY OF JUSTICE.” “[A] LAWYER SHOULD SEEK IMPROVEMENT OF THE LAW, ACCESS TO THE LEGAL SYSTEM, THE ADMINISTRATION OF JUSTICE AND THE QUALITY OF SERVICE RENDERED […]
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Posted July 03, 2023 in Uncategorized
ATTORNEY FEE SHIFTING IN COLORADO: WHEN WILL A COURT AWARD ME ATTORNEYS FEES AND COSTS IN A LAWSUIT? This is one of the most common questions potential clients ask during our consultations. And, it stands to reason. After all, if there’s a way to sue someone or defend a lawsuit and not have to pay […]
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Posted April 28, 2023 in Uncategorized
WHAT IS THE NOTICE OF CLAIM PROCESS IN COLORADO? People with pre-litigation construction disputes often want to know what to expect. When a party to a dispute is alleging the construction was done poorly, or was defective, causing damages, the parties need to consider CDARA. CDARA is Colorado’s Construction Defect Action Reform Act. CDARA sets […]
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Posted April 14, 2023 in Uncategorized
Rarely is there a construction project in Colorado where a dispute does not arise. Disagreements are one thing, but when those disagreements pose a risk to the project itself, that’s another thing entirely. Thousands if not millions of dollars could be at stake. Delay, increased costs, and damage to the reputation of the parties involved […]
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Posted April 04, 2023 in Uncategorized
RETAINAGE LAWS HAVE CHANGED IN COLORADO. IF YOU ARE INVOLVED IN NEGOTIATING A NEW CONSTRUCTION PROJECT, YOU NEED TO REVIEW THE STATUTE BELOW AND UPDATE YOUR CONTRACTS ACCORDINGLY. C.R.S. 38-46-103. PRIVATE CONSTRUCTION CONTRACTS – RETAINAGE – CONDITIONS PRECEDENT. (1) A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of […]
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Posted March 27, 2023 in Uncategorized
ASSAULT WEAPONS AND GUN LAWS Firearms ownership is being debated now more than ever before. These proposed laws jeopardize the ability of the people to defend themselves and their loved ones with firearms are being proposed on a regular basis throughout the United States. This is no doubt the natural result of the well-publicized horrors […]
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Posted March 21, 2023 in Uncategorized
The deadline to file a lawsuit to foreclose on a mechanic’s lien is SIX MONTHS AFTER THE LAST WORK OR LABOR IS PERFORMED, MATERIALS FURNISHED, OR COMPLETION OF THE BUILDING/IMPROVEMENT. THE RIGHT TO ENFORCE THE LIEN IS LOST IF THE OWNER FAILS TO COMMENCE THE LAWSUIT WITHIN THE TIME LIMIT. The relevant statute is quoted […]
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Posted March 07, 2023 in Uncategorized
WHAT DOES THE COLORADO TRUST FUND STATUTE SAY? IF YOU ARE A CONTRACTOR, READ CAREFULLY, RESEARCH THIS STATUTE, AND DO NOT GET THIS WRONG. C.R.S. § 38-22-127 states: “[a]ll funds disbursed to any contractor or subcontractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment […]
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Posted February 14, 2023 in Uncategorized
INDEMNIFICATION IN CONSTRUCTION CONTRACTS. When reviewing, negotiating, and drafting construction contracts in Colorado, practitioners have to consider whether the indemnification provision is legal. One hot topic that arose over the past few years was whether a party to a construction contract can contract away their own negligence – that is, whether a party can make […]
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