Denver Post's John Aguilar reports on a recently decided case that will set a precedent for how condominium associations in Colorado address construction defect issues with the developer of a given project: The Colorado Supreme Court gave builders a reason to cheer Monday, ruling that a homeowners association in Centennial was wrong to ignore a … Continue reading Colorado Supreme Court rules in favor of developer over arbitration clause
Tag: Homeowner association
Guest Post: The ARC and The Covenants
This is a guest post from Mike Collignon, Executive Director and Co-Founder, Green Builder Coalition. As Executive Director and Co-Founder of the Green Builder® Coalition, Mike engages in national and state-level advocacy, co-produces quarterly research reports, and publishes both a bi-monthly e-newsletter and a monthly feature in Green Builder® Magazine. This article was originally published … Continue reading Guest Post: The ARC and The Covenants
On Construction Defect Lawsuits and Homeowner Associations – Good Legal Advice or Confidence Game?
I have witnessed the scenario spelled out below first hand: A new community association experiences some leaks. Management tells the board about an attorney who will provide a free seminar on the fiduciary duty of board members in the face of construc...
A Case of First Impression: Duty to Defend Construction Defect Claims in Prelitigation Proceedings | The Critical Path
In response to an onslaught of construction defect cases, California enacted statutory procedures to encourage settlement of claims before a lawsuit is even filed. But those procedures usually involve attorneys and experts, and they cost money, so are ...