RQ Law Blog


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...
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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...
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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...
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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...
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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...
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