RQ Law Blog

Contact us if you would like a copy of any opinion or would like to discuss the Court’s holdings.   Wainscott v. Centura Health Corporation – Court of Appeals holds that strict compliance with hospital lien is not required (CA 08/14/14). The Court of Appeals held that minor filing and notice deficiencies should not invalidate […]

On Thursday, August 28, the Court of Appeals issued a ruling regarding mechanic’s liens when a building is developed into units that are then sold to individual owners. The ruling in Sure-Shock v. Diamond Lofts has important consequences for both owners and contractors.   The case arose when the developer built out and sold commercial […]

Blogs serving the legal industry, design professionals, and insurers have been a-buzz since July 3, 2014 with news from the California Supreme Court.  A number of headlines sensationalize the holding in Beacon Residential Community Assn. v. Skidmore, Owings & Merrill – but what impact does it truly have on the construction industry and architect liability […]

A proposed change to Rule 37 of the Federal Rules of Civil Procedure makes clear that electronically stored information must be preserved “in the anticipation or conduct of litigation” or a party will face sanctions.  What circumstances indicate that litigation should be anticipated, triggering the duty to preserve electronically stored information?  Courts have often discussed […]

The Second Circuit Court of Appeals issued a significant decision in a case interpreting a design professional errors and omission policy. In Dormitory Authority v Continental Casualty, a building owner sued for damages for two design defects in the structure of the building. The owner sought a declaration that the design flaws were two separate […]

Monday the Colorado Supreme Court rejected a proposed initiative intended for the November 2014 ballot that would amend the state constitution to allow voter recall of judges. In a split decision, they held that it violated the single subject rule. The two other proposed ballot initiatives aimed at courts and judges are still alive. Sponsored […]

On April 30, Senate Bill 220 was introduced into the Senate. The bill seeks modest reforms to Colorado statutes, particularly as they apply to claims by homeowner associations bringing claims for construction defects. There are three basic provisions to the bill. First, it makes it more difficult for an HOA to remove a clause in […]

Case Law update

Lewis v. Taylor – Court of appeals holds time limitation for fraudulent conveyance action is jurisdictional and thus cannot be tolled (CA 03/13/14). Section 38-8-110(1) provides that a fraudulent conveyance action is “extinguished” unless brought within the applicable time period. The Court first noted that there is a distinction between a jurisdictional time limitation and […]

Interested In Working With Us?

Or just have a question?

8461 Turnpike Drive, Suite 206
Westminster, CO 80031
Phone No : (888) 989-1777
Fax No : (303) 362-5724