Construction Law in Colorado

Colorado adopts the "active interference" exception to no-damages-for-delay clauses

Tricon Kent Co. v. Lafarge North America, Inc. (Colo. App. 2008)

The Colorado Court of Appeals holds that no-damage-for-delay clauses are enforceable in Colorado, but that the "active interference" doctrine is a recognized exception to the enforceability of such clauses.

Court Of Appeals Gives Lengthy Analysis Of Changed-Conditions Claims

URS Group, Inc. v. Tetra Tech FW, Inc. (Colo. App. 2008)

The Colorado Court of Appeals addresses in detail the elements of, and defenses against, a Type-I differing site conditions claim.

Quantum Meruit Claim Allowed For What Is Typically A Change Order Issue

Specialized Grading v. Goodland (Colo. App. 2007)

The Court of Appeals holds that a subcontractor can maintain a quantum meruit claim against the general contractor for alleged extras caused by the general's failure to dewater, despite the fact that the parties have a written contract. The general rule is that a quasi-contract claim cannot lie where the parties have an express contract. But this rule does not apply if the conduct complained of is subsequent to, and not covered by, the express terms of the contract.