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.…
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…
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…
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…
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…
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…
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…
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…
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…
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,…