Legal News

We are thrilled to announce that Chad Johnson, founding attorney at Johnson Law, has been recognized as a top-rated Colorado Super Lawyer for Construction Law in 2025. This prestigious accolade is a testament to Chad’s unwavering dedication, exceptional legal acumen, and significant contributions to the field of construction law. Chad Johnson has been a cornerstone of Johnson Law, bringing over…

Johnson Law’s Chad Johnson to Speak at Blockbuster 25 on Personal Injury & Construction Defect Law – March 6-7 in Denver, Colorado. We’re excited to announce that Chad Johnson, founding attorney of Johnson Law, will be speaking today at the prestigious Blockbuster 25 conference! This premier legal event brings together top attorneys and industry professionals to discuss cutting-edge topics in…

Johnson Law has recently increased their Homeowner Association and other Community Association representation in construction defect litigation. Below are just a few reasons why HOAs should consider hiring Johnson Law to investigate, negotiate, and if necessary – prosecute construction defect claims and cases. When it comes to maintaining and protecting the value of your community, construction defects can pose a…

We are a busy boutique law office focusing on construction defect law, general construction, and real estate nondisclosure law. We are currently seeking a full-time attorney to join our firm. Responsibilities include: Client coordination from initial representation letters through trial Expert selection and coordination Draft and respond to pleadings, discovery, and motions Defend and take depositions Prepare for and try…

Johnson Law’s Chad Johnson was recently interviewed by the Denver Post reporter Aldo Svaldi regarding current construction defect laws and upcoming proposed construction defect legislation. A link to the story is found here —>Article Link.

Johnson Law’s Chad Johnson was recently interviewed by the Colorado Sun reporter Elliot Wenzler regarding upcoming proposed construction defect legislation. A link to the story is found here —>Article Link.

In a recent case before the Colorado Court of Appeals, Heights Healthcare Company, LLC (Heights Healthcare), the owner of a senior living community, filed a lawsuit against BCER Engineering, Inc. (BCER), an engineering consultant, alleging breach of contract under the Construction Defect Action Reform Act (CDARA). Heights Healthcare Co., LLC v. BCER Eng’g, Inc., 2023 COA 44. The case hinged…

For homeowners in Colorado, building or purchasing a home is a significant investment and a dream come true. However, it is disheartening when that dream becomes a nightmare due to construction defects. These defects can range from minor issues like a leaky roof to major structural problems that compromise the safety and value of your property. When faced with such…

Attorney Chad Johnson was published in an issue of Trial Talk magazine, discussing strategies that homeowners and other consumers can utilize in arbitration to make the process more effective and less expensive. The article is available for download right here —–> Trial Talk Article

Navigating construction defect claims and cases can be a complex and daunting process for homeowners, homeowners associations, apartment building owners, and commercial property owners in Colorado. Luckily, Johnson Law is a reputable law firm dedicated to providing expert legal assistance to clients throughout the state. With their specialized knowledge and experience in construction defect litigation, Johnson Law is committed to…

Every homeowner whose home was built defectively understands the damage caused by negligent construction goes beyond repair costs or a drop in the home’s value. Defects harm a homeowner and their family in other ways. A homeowner may be unable to use of portions of the home, may be exposed to unsafe conditions, or may be affected by annoyance or…

So, you’ve just bought your dream home and have settled in. You take a seat in your favorite chair and right before turning on the TV you notice it—a crack in the ceiling, right at the corner of the room. You get up and examine it and find that it looks like there was fresh paint and plaster covering it…

Johnson Law founder Chad Johnson has been selected to present at the Colorado Bar Association’s CLE program titled “Litigation Nuts & Bolts: Post-Trial and Appellate Issues.” Mr. Johnson was selected to educate Colorado lawyers regarding Colorado “Motions for Reconsideration – When, Why, and How.” For more information or to register for the event, please follow this link to the CBA…

Attorneys Chad Johnson and Andrew King were published in the March 2020 issue of Trial Talk magazine, discussing some of the cutting edge areas of implied warranty law with Colorado contractors. The article is linked below.

You file a lawsuit four days before your statute of limitations runs on your claims. The defendant is served, but the never responds to the suit. You request default judgment from the court. However, the court denies your motion for default judgment saying you failed to follow the default judgment rules. You file another motion for default judgment attempting to…

The world as we knew it changed in March 2020, the time many construction projects are gearing up for warmer more favorable weather. According to Colorado’s Public Health Order 20-24, construction was identified as a critical business that could remain open during the Stay at Home Order. However, construction was not immune from the economic fallout from COVID19. Many construction…

Johnson Law assists its homeowner and construction professional clients with construction law, including mechanic’s liens and foreclosure cases. A lien is a legal right to the property of another until a debt is paid. There are many types of liens including those for unpaid taxes, mortgages, promissory notes, and judicial liens resulting from a judgment in a case. A mechanic’s…

In D’Allessandro v. Lennar Hingham Holdings, LLC, 2019 WL 5550629, *6 (D. Mass. Oct. 28, 2019), a Massachusetts court recently held that the improvement to real property for statute of repose purposes was the completion of an entire condominium project versus completion of each individual building. The project at issue was a multi-phased 150 unit condominium project consisting of twenty-eight…

In Colorado, prospective homebuyers should be provided a broad range of disclosures concerning their potential home’s present and past condition. The legislature and courts recognize the magnitude of investment an individual or family makes in purchasing a home and, accordingly, require transparency during the purchase process. The underlying rationale is that the seller is much more knowledgeable about the home…

The American Judicial System is time-consuming and expensive. Homeowners and small business owners can find themselves in a situation where they have been wronged in some way and are left asking “how can I afford to recover my damages?” The default answer is that under the “American Rule” each party pays their own attorney fees. Despite the American Rule, there…

Some construction contracts contain payment terms on a cost-plus basis, which is the cost of labor and materials plus an agreed upon percent for profit. A recent decision from the Iowa Court of Appeals in Olmstead Constr., Inc. v. Otter Creek Investments, LLC, 2019 WL 4678167 (Iowa Ct. App. 2019) held that contractors have a duty to maintain accurate and…

Settlement agreements are often meant to stop litigation and resolve outstanding claims. However, a recent Colorado Court of Appeals decision held that a settlement agreement does not relieve one settling party from a contribution claim made by a non-settling party under the joint tortfeasor pro-rata liability statute when the settlement did not cover common liabilities and the non-settling party had…

Construction contracts often require disputes to be handled through the arbitration process instead of in court. Under Colorado law, an officer of a corporation is personally liable in tort when the officer actively participates or cooperates, provides specific direction, or sanctions the tortious conduct. Hoang v. Arbess, 80 P.3d 863, 868 (Colo. App. 2003); Hildebrand v. New Vista Homes II,…

The Colorado Supreme Court recently ruled the economic loss rule does not bar recovery for damages on a civil theft claim in Bermel v. BlueRadios, Inc., 2019 CO 31. Chris Bermel, a former employee of BlueRadios, Inc., forwarded company emails with proprietary information to his personal email account, which breached various contracts he entered into with the company. Bermel brought…

In Accetta v. Brooks Towers Residences Condominium Association, Inc., — P.3d —, 2019 CO 11 (Colo. 2019), the Colorado Supreme Court determined that a single unit owner was not required to join all other unit owners of a condominium building in pursuing claims against the condominium association for dues allegedly improperly assessed. Mr. Accetta, a unit owner within the Brooks…

When is it reasonably necessary to have a third-party present during attorney-client communications? A new Colorado Supreme Court decision further defined the attorney-client privilege in In re Fox v. Alfini, 432 P.3d 596 (Colo. 2018). The Colorado Supreme Court held that the presence of a third party during an attorney-client communication will destroy the attorney-client privilege unless the third party’s…

Johnson Law is proud to announce that its founding member, Chad W. Johnson, has been recognized as a 2019 Colorado Super Lawyers Rising Star in construction litigation. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers is a rating service of…

The Colorado state legislature enacted Senate Bill 18-056, which is new legislation increasing the monetary cap on damages claimed in county court cases from $15,000 to $25,000. This change will be effective for cases filed on or after January 1, 2019. The legislation also changes the court’s filing fees, which are now based on levels established by the amount of…

Colorado homeowners benefit from a provision to the Colorado Construction Defect ActionReform Act (“CDARA”) called the Homeowner Protection Act of 2007 (“HPA”). TheHPA renders contractual provisions that limit or waive CDARA’s rights andremedies void as against public policy when construction defect claims arise ata residential property. In Broomfield Senior Living Owner, LLC v. R.G. Brinkmann, 413 P.3d 219 (Colo. App.…

Colorado law requires contractors to hold funds in trust for the payment of subcontractors, laborers, or material suppliers who have furnished services connected to a construction project or who may have a lien against the property. C.R.S. § 38-22-127(1). This Mechanic’s Lien Trust Fund statute requires contractors to maintain separate accounting for each project and violations of the statute amount…

Anyone driving around downtown Denver can see the multiple cranes dotting the skyline. Construction is booming in Colorado as people are moving to this beautiful state. Rents are increasing and opportunities to purchase starter homes are dwindling. As luxury apartments continue being developed throughout the metro area, some argue there is a shortage of affordable options of single-family homes and…

Johnson Law is proud to announce that attorney Tessa R. DeVault has joined the faculty of the 12th Annual Colorado ADR Conference. Tessa will present on recent reported cases from across the U.S. that exemplify a trend where mediation becomes the source of additional litigation instead of a form of alternative dispute resolution. As more courts require mediation at some…

Attorney  We are a busy boutique law office focusing on construction defect law, general construction law, and real estate nondisclosure seeking a full-time attorney for its Denver or Louisville office. Responsibilities include: Draft pleadings, discovery, dispositive motions and trial preparation Client coordination from intake through trial Defend and take depositions 1st chair smaller cases and second chair larger cases Requirements:…

The Colorado Court of Appeals recently issued new guidance on the notice of claim process and statute of limitations under the Colorado Construction Defect Action Reform Act, C.R.S. §§ 13-20-801 et seq. (“CDARA”). In Curry v. Zag Built, LLC, 2018COA66, the Court of Appeals addressed, among other issues, the effects of filing a case before completing the notice of claim…

Attorney Tessa R. DeVault represented Johnson Law by attending the 41st Annual Colorado Women’s Bar Association’s (“CWBA”) “Wonder Women” Convention in Vail, Colorado. Tessa is a proud member of the CWBA’s Mountain Chapter for attorneys who live or work in Eagle, Summit, Lake, Clear Creek, Garfield, Pitkin, and Park Counties. Johnson Law proudly serves all of Colorado’s communities from the…

Arbitration is a form of alternative dispute resolution that is agreed upon by the parties. Instead of bringing a case into the state or federal courts, parties may agree to select a third-party neutral to determine the outcome of their dispute. An agreement to arbitrate is often a contractual obligation. We often see this at our firm in the form…

Those who find themselves facing defects in the construction of their home are often upset with their circumstances. Many of our clients have expressed anger, discomfort, and disruption of their daily lives due to damages caused by construction defects. In Colorado, homeowners are able to request compensation for these inconveniences – these are typically known as noneconomic damages. Colorado law…

The language of law can seem foreign for those that find themselves involved in a legal dispute. Johnson Law specializes in litigation: bringing our clients’ claims into the legal system for resolution. But what does that really mean? Below you will find an overview of what can be expected during litigation. Litigation is the legal process that occurs when people…

A mechanic’s lien is a legal tool for an individual to get paid for work or materials supplied to a project when the owner or general contractor does not pay for the work. For example, it is the end of a four-month kitchen remodel construction project and the owner does not want to make a payment until he is satisfied…

Part of the American dream is owning a home. It is often the largest purchase a person or family will make in their lives. However, such an important purchase can also come with a set of problems that no family should have to face. What happens when a home’s foundation moves or settles? What do cracks in concrete or drywall…

The Colorado Trial Lawyers Association’s magazine, Trial Talk, published an article jointly authored by Johnson Law attorneys Chad Johnson and Tessa DeVault. The article talks about the basics of the Colorado Construction Defect Action Reform Act Notice of Claim Process. To view the article, click here. 

Johnson Law has been recently contacted from dozens of Colorado homeowners to investigate claims against Weyerhaeuser and other potentially liable parties for the installation of Weyerhaeuser’s fire protection coating product, Flak Jacket®, to floor joists. The Flak Jacket® coating was applied to floor joists installed in many new homes in Colorado and is causing risk of formaldehyde poisoning to the…

On May 27, 2017, Governor Hickenlooper signed HB 1279 into law which changes the way Colorado homeowners’ associations may bring construction defect claims. The new Colorado law requires homeowners’ associations to send notice, hold a meeting, and conduct a voting period by the owners before bringing construction defect claims. First, the notice must contain, among other things, a description of…

Litigation Paralegal/Office Manager We are a boutique law office focusing on construction defect law seeking a full-time paralegal/office manager for our uptown Denver office. We might be a good fit if you are someone who: Is energetic and a self-starter, has great organization skills and superior customer service Is comfortable working independently, but also in a team Has time management…

In Sierra Pacific Industries, Inc. v. Bradbury, ___ P. 3d ___, 2016 WL 4699116 (2016), Sierra Pacific had settled with the homeowners’ association and the general contractor with regard to water intrusion at a condominium building. Sierra Pacific then brought suit against its subcontractor Jason Bradbury. Bradbury moved for summary judgment arguing that the six-year statute of repose had expired…

In light of the Colorado Supreme Court’s “subsequent homeowner” analysis in S K Peightal v. Mid Valley, 342 P.3d 868 (Colo. 2015), questions remain as to how courts will interpret the term in deciding whether or not the independent tort duty to act non-negligently in the construction of a home is barred by the economic loss rule. Construction litigators must…

On Monday March 7th, the city of Denver voted unanimously to adopt supplemental building codes to require builders of new homes to include rough electrical work for an electrical car charging station in garages.  This change puts Denver at the forefront of the sustainable building codes and on par with Boulder and several California cities. Building codes often prescribe the minimum standard for builders…

On November 23, 2015, the Denver city counsel passed an ordinance on condominium construction defects. Under the ordinance, a project cannot be called defective in a civil action if it was built and maintained in conformance with the building code, and building codes violations can only be cited in a lawsuit only if they can be linked to damage or injury. While the apartment…

  The New York Times recently reported on real estate companies that hide behind shell companies to commit fraud against owners of their homes. The article reveals how various homeowners were told unsatisfied promises that resulted in the homeowners losing their homes. In one case, the real estate company promised to refinance two Brooklyn homeowners’ back mortgage payments but the…

Denver Mayor Michael Hancock proposed his Bill (BR15-0811) to the Denver City Council. According to the memorandum accompanying the Bill, condominium construction in the Denver metropolitan area comprises less than 4% of all new owner-occupied housing. While high-rise apartment construction in Denver is booming, very little high-rise condominium construction is occurring. Mayor Hancock believes that the dearth in condominium construction…

http://www.denverpost.com/news/ci_27881047/colorado-senate-passes-bill-reducing-time-file-defects As reported by the Denver Post, the Colorado Senate approved SB91, a bill that seeks to shorten the construction defect statute of repose to five years in Colorado. If a defect is noticed in the fifth year, a homeowner would have one year to sue. Currently the statute of repose is six years, and provides a homeowner two years…

http://www.cbsnews.com/news/lumber-liquidators-linked-to-health-and-safety-violations/ Lumber Liquidators will undoubtedly be facing numerous class action and individual lawsuits from homeowners all over the country for its involvement in selling laminate flooring from China with unacceptable levels of formaldehyde. After reading about this issue, the first thing I did was double check that the flooring in my own home came from a reputable source. If you believe you may…

A wonderful realtor and friend of mine sent me an email yesterday asking my opinion about SB 15-177. The Colorado Association of Realtors strongly supports this bill and sent an email blast to all realtors providing its support of the bill. The email to the realtors, in turn, requested that the realtors send an email to their representatives and senators supporting the bill.…

In January 2015, we really didn’t know what bills the builders would try to pass in the legislative session. One idea that was wisely rejected was a “right to repair.” I wrote about this on the firm’s facebook page on January 5, 2015 with the following: Below is a recent Denver Post article illustrating [edit: Denver Post article can be…