RQ Law Blog

AVALANCHES ARE AN INHERENT RISK TO SKIERS UNDER STATUTE Fleury v. IntraWest Winter Park Operations Corp. (SC 05/31/10). The Colorado Supreme Court held that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger and risk of skiing” under the Ski Safety Act and thus the ski area is […]

The 120-day legislative session came to a close the middle of May.  Local headlines touted it as one of the most unproductive sessions in recent history.  Indeed, a number of bills we had anticipated were never introduced and few of the bills we had been monitoring made it to the Governor’s desk. This session resulted […]

When a subcontractor would like to file suit against the U.S. government, what procedures must the subcontractor follow, and what obstacles will it face? What follows is Part II of a two part discussion of both the procedural requirements and obstacles a subcontractor must consider when it evaluates a potential suit against the federal government. […]

With approximately 40 days left until sine die, there have been 402 bills introduced into the House and 173 introduced into the Senate for a total of 575 bills (so far). 106 bills have been postponed indefinitely.  The governor has signed 70 bills to date, including: Number Title Sponsors Summary HB 16-1017 Victim Impact Panel […]

To Stand or not to Stand? Seems one of the latest questions about your health is related to work – to stand or not to stand?  That is the question!  I’ve tried standing desks and had mixed results.  I loved standing when I was at the agency I worked at for eight years.  It was […]

A subcontractor must be especially wary of performing services on a government project where payment is delayed, where it appears that the prime contractor may not be financially stable, or where payments from the government to the prime contractor cease or are in dispute. A subcontractor cannot count on being able to resort to filing […]

Ruebel & Quillen, LLC obtained summary judgment in favor of a client on a premises liability action brought by Bachus & Schanker.  The Court determined there was no liability on behalf of the landowner for injuries sustained by an eighteen year old while performing tricks on a backyard trampoline.

COLORADO CASE LAW UPDATE Colorado Supreme Court Ryals v. City of Englewood – The Court held that statute did not pre-empt local ordinance restricting sex offender residency (01/16/16). This case involved a certified question of law from the Tenth Circuit regarding a challenge to a home rule ordinance. Claimant argued that state statute pre-empted a […]

Liquidated Damages

COLORADO COURT OF APPEALS AGREES THAT DEFAULT CLAUSE OF CONTRACT PERMITS ENFORCEMENT OF LIQUIDATED DAMAGES On January 28, 2016, the Colorado Court of Appeals discussed the meaning of ‘having one’s cake and eating it too’ within the context of a contract clause which gave the non-defaulting party the option of being entitled to liquidated damages […]

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