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Chad McShane

Construction Defect Claims May Be Barred at Different Times for Different Contractors

Construction defect claims may be barred at different times for different contractors By Chad McShane A recent Colorado Court of Appeals decision has changed, in part, the law relating to the cut-off date for filing claims against construction professionals.  For several decades Colorado law has imposed a “statute of repose” or a cut-off date after Read More

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Colorado’s New Homeowner Protection Act

Colorado’s New Homeowner Protection Act By Chad M. McShane The Homeowner Protection Act of 2007 was recently enacted. The Act will be applicable to all construction defect actions, including lawsuits and arbitrations, that are filed after April 20, 2007. The Act is actually a revision to the “limitation of damages” provision contained in Colorado’s Construction Defect Read More

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Colorado Shifts Financial Responsibility Between Construction Professionals

Colorado Shifts Financial Responsibility Between Construction Professionals By Chad M. McShane Effective July 1, 2007, indemnity provisions in construction contracts will no longer be enforced if the provisions protect the indemnified party (“indemnitee”) from the indemnitee’s own negligence or fault. Construction contracts as defined within the new provisions in C.R.S. § 13-21-111.5 (“Civil Liability Cases – Read More

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