RQ Law Blog

We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm).  In the event a construction defect is alleged after a project is complete, there is no reason to just hand claimants the ability to sue years after the expiration of Colorado’s two-year statute of limitations for construction defects. Those involved in construction defect litigation in...

Julia Morgenthau recently briefed an important case in the Colorado Supreme Court on behalf of the state’s defense lawyers. The Supreme Court agreed with Julia and Owner’s Insurance Company counsel Wheeler Trigg and O’Donnell, and disqualified Levy Law, the former longtime counsel for Owners Insurance Company, from representing a plaintiff against Owner’s in a bad faith suit. Colorado Ethics Rules limit when a lawyer can represent a second client in...

Many construction companies are critical businesses and thus exempt from current public health and executive orders. However, there are provisions that even exempt construction companies must comply with. Companies should conduct enhanced cleaning and social distancing protocols. There are many recommended protocols to assist companies to avoid contamination by and prevention of the spread of the virus in the construction workplace. Of course, office personnel should be reduced as per...

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...

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...