Defend Now, Allocate Later? An Unresolved Tension In Colorado Construction Law

For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense.

But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that […]

By | August 9th, 2026 ||

Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims

In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other team. The law’s version of the shot clock is the statute of limitations (not to be confused with the statute of repose. Once […]

By | March 17th, 2026 ||

Tariff Shake-Up: What The Supreme Court Ruling Means For Construction & Development Costs

On Friday, February 20, 2026, the U.S. Supreme Court issued a 6-3 decision in which it held that the President is not authorized to impose tariffs under the International Emergency Economic Powers Act (IEEPA). In 2025, the Trump Administration relied on the IEEPA when it imposed reciprocal and country-specific tariffs that ranged from 15% to 40%, depending on the country and the type of goods being imported. Shortly after the Court issued its opinion, […]

By | March 16th, 2026 ||