RQ Law Blog

Proposed Extensions to Colorado’s Construction Defect Statute of Repose

Architectural plans
Senate Bill 20-138 has been introduced to increase Colorado’s statute of repose for construction defects from six to ten years. If enacted as proposed, SB20-138 would also start the timer for Colorado’s statute of repose later—only after both physical manifestation AND the cause of a defect are identified.  In addition, SB20-138 would make it easier for claimants to toll Colorado’s statute of limitations for construction defects.  In practice, this means...
Continue reading
  36 Hits
36 Hits

LIABILITY ISSUES RELATED TO THE MARIJUANA INDUSTRY

The production and retail sale of marijuana is a new, burgeoning industry which faces numerous issues. This article summarizes issues faced by those involved in the construction and ownership of marijuana facilities.  Federalism. While states have decriminalized marijuana use and production, it remains a federal crime. The consequences flowing from the federal prohibition remain significant, as concerns about violating federal law have impacted banking, insurance and other basic professional services...
Continue reading
  39 Hits
39 Hits

Rule 16.1. Simplified Procedure for Civil Actions

(a) Purpose of Simplified Procedure. The purpose of this rule, which establishes Simplified Procedure, is to provide maximum access to the district courts in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to allow earlier trials; and to limit discovery and its attendant expense. (b) Actions Subject to Simplified Procedure. Simplified Procedure applies to all civil actions other than: (1) civil actions that...
Continue reading
  1434 Hits
1434 Hits

Colorado Supreme Court Embraces Double Dip

In Calderon v. American Family Mutual Insurance Company, 2016 CO 72,  Nov. 7, 2016 the Colorado Supreme Court reached a surprising conclusion, reversing the Colorado Court of Appeals and trial court’s plain language interpretation of Section 10-4609, C.R.S. and a standard UM/UIM insurance provision. The insured, Calderon, sustained injuries in an automobile accident with an uninsured driver. His insurance carrier, American Family, paid out $5,000 under MedPay coverage. Calderon also...
Continue reading
  1666 Hits
1666 Hits

Copyright and Artictetural Design

MileHigh CRE reposted Casey's article originally written for the AIA Emerging Professionals blog discussing a recent design copyright case. Follow this link for the full article .
  1160 Hits
1160 Hits