Tag: Construction Defect

Revisiting Denver’s Construction Defect Ordinance

Legislation | Regulation David McLain -
One of the biggest problems for Colorado builders dealing with construction defect litigation is the breach of implied warranty claim.

Attorneys’ Fee Clauses are Engraved Invitations to Sue

Legislation | Regulation David McLain -
Builders should evaluate the language in their contracts, lest they find themselves on the hook for plaintiffs' attorneys fees.

What to Look for in Subcontractor Warranty Endorsements

Risk Management David McLain -
With increasing frequency in the construction defect cases we defend, we are seeing commercial general liability insurance policies with “subcontractor warranty” endorsements. Also known...

Why Builders Should Reconsider Arbitration Clauses

Legislation | Regulation David McLain -
Based on experience and watching others litigate claims, I have learned that builders usually fare better in arbitration than in jury trials.

3 Ways to Reduce Construction Defect Claims

Risk Management David McLain -
Builders can’t bulletproof their projects from construction defect suits, but they can take steps to limit actual defects.

What are the Most Commonly Claimed Issues in Construction Defect Litigation?

Legislation | Regulation David McLain -
A study of construction defect suits in Denver between identified the most common claims alleged by homeowners against builders.
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