Construction Law in Colorado

Trust Fund Claims Are Assignable, But The Treble Damages Are Not

In People v. Adams (Colo. Nov. 30, 2010), the Colorado Supreme Court, in deciding a case regarding the unauthorized practice of law, held that trust fund claims can be assigned, but that the treble damages component of a trust fund claim cannot.

Colorado Court of Appeals Addresses "Actual Damages" Under the Construction Defect Action Reform Act

In Hildebrand v. New Visa Homes II, LLC (Colo. App. Nov. 11, 2010), a division of the Colorado Court of Appeals addressed, among other things, what the proper measure of damages is for a construction defects claim under the Construction Defect Action Reform Act ("CDARA").  In doing so, the Court of Appeals clarified that the plaintiffs need not present alternative methods of computation of damages.  Additionally, the Court of Appeals held that "inconvenience damages" were recoverable under CDARA.  Finally, the Court held that the plaintiffs were not entitled to prejudgment interest for its damages based on cost to repair.

Owner may sue town's engineering consultant for being billed excessive tap fees

Rocky Mountain Festivals, Inc. v. Parsons Corporation (Colo. Nov. 8, 2010).

Today, the Supreme Court cleared the way for a property owner to pursue claims against a town's consulting engineer for issuing a faulty report that resulted in the owner having to litigate with the town regarding over assessment of tap fees.