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Volpe Law Blog & Legal Insights

What Is The Colorado Retainage Law For Private Construction Contracts?

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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The Need For NFA Firearms And Gun Trusts

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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Colorado Trust Fund Statute And Fiduciary Duty

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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Is The Indemnification Provision In My Construction Contract Valid?

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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The Utility Of Quiet Title Actions

Posted February 09, 2023 in Uncategorized

QUIET TITLE ACTIONS Quiet title actions may be an appropriate remedy for all manner of real estate disputes involving title to real property. A landowner may wish to challenge the legitimacy of a lien, correct errors in a deed, or remove a cloud on title. An heir may claim ownership of a property, or a […]

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Statute Of Limitations: How Does Timing Affect Your Potential Claim?

Posted December 15, 2022 in Uncategorized

DON’T MISS YOUR STATUTE OF LIMITATIONS! One important matter all potential litigants need to consider prior to preparing a lawsuit is whether their claims have expired. Most potential claims will be subject to something called a “statute of limitations,” defined as any law that bars claims after a certain period of time passes after an […]

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What Are The Stages Of A Typical Civil Lawsuit In Colorado

Posted December 02, 2022 in Uncategorized

The most frequent questions clients ask when it comes to involvement in a civil lawsuit in Colorado are: What is the lawsuit process in Colorado? What should I expect when served with a lawsuit? How long is this lawsuit going to take? How much will this cost? As to the last two questions, most of […]

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How Do I Collect My Money Judgment?

Posted November 08, 2022 in Uncategorized

PRE AND POST-JUDGMENT REMEDIES TO SECURE YOUR DAMAGES AWARD You may be considering suing someone. You know you have been wronged, and you believe there is enough evidence to prove it. However, you’re concerned that – even if you win – the person you are suing won’t be able to pay the judgment. This could […]

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Where Can You Sue A Business And Why Does Location Matter?

Posted October 06, 2022 in Uncategorized

If you’re thinking about suing a business (or a person), then several questions are going through your head. How much money will this cost? Will I win? Where do I find a good lawyer? Among the many thoughts swirling in your mind, you might be asking where you should file the lawsuit. Answering that question […]

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