A practice group of Holland & Hart LLP
   
      Publications

Attorneys in Holland & Hart's Construction Law Practice Group publish articles in local, regional, and national publications on a regular basis. Each article offers practical and comprehensive industry-specific information about current and future issues impacting this varied and ever-changing area of law.

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Differing Site Condition Clause Shifts Risk from Contractor to Owner by Kevin Bridston
  Recognizing that risks may lead contractors inflate bids to cover such contingencies that may or may not occur on a project, many owners, particularly government owners, include a differing site conditions clause in the contract.
   
No Damages For Impaired Bonding Capacity by Kevin Bridston
  Virtually all public contracts, and many private contracts, require any contractor bidding for the work to provide a surety bond guaranteeing payment and performance obligations.  In order to obtain surety bonds, contractors must demonstrate financial strength and viability.
   
Colorado's New Laws On Employment Verification by Angelica M. Ochoa
  This article addresses two recently-enacted laws designed to ensure compliance with federal laws that prohibit the employment of unauthorized workers.
   
Recent Colorado Appellate Decisions Highlight How Unpredictable Construction Litigation Can Be by Tim Gordon
  This article highlights the uncertainty that is inherit in construction litigation, both before trial and after trial.
   
Colorado Adopts the Notice-Prejudice Rule by Joe Ramirez
  This article addresses the importance of prompt notice of claims to your insurer, and an insurer's ability to deny coverage based on late notice.
   
On The Drawing Board: New ADA Access Rules by Toby Hazard
  Proposed changes to the Americans with Disabilities Act guidelines could change the way that projects are designed and built.
   
Owner Confuses CGL Policy For A Performance Bond by Tim Gordon
  The Colorado Court of Appeals addresses the business risk exceptions to CGL policies in the construction context.
   
Scheduling Specifications Can Make Or Break Delay Claims by Kevin Bridston and Brett Gross
  This article discusses the importance of a carefully crafted scheduling specification to avoiding, or at least simplifying, delay disputes.
   
Surety Discharge Due To Changes by Kevin Bridston
  This article addresses a defense commonly asserted by sureties that often is not enforced by courts. (PDF format)
   
Effective Advocacy in Mediation by Kevin Bridston
  This article discusses some of the fundamentals of good mediation advocacy, which is not necessarily the same as good trial advocacy.
   
Court of Appeals Rules That Delay Damages Not Recoverable by Tim Gordon
  Explaining how an owner's failure to mitigate its damages following a breach by the contractor can result in a waiver of delay damages.
   
Suing Someone Who Has To Agree To Be Sued by Tim Gordon
  This article addresses the risks of contracting with governmental entities and Indian Tribes that enjoy sovereign immunity.
   
Termination for Convenience: Is It The Right Move? by Kevin Bridston
  This article analyzes the differences between terminations for convenience and for cause, and the potential costs of terminating a contractor for convenience.
   
Get The Best Results In Claim Resolution Through The Smart Use of CPM Scheduling by Dan Frost
  A summary of how best to use CPM Analysis in any form of dispute resolution, whether it be mediation, arbitration, negotiation, board hearings or litigation.
   
New Defect Act Has Implications for Colorado Construction by Tim Gordon
  An analysis of how the Construction Defect Action Reform Act impacts commercial construction lawsuits in Colorado.
   
The Risky Business of Playing Chicken with Change Orders by Kevin Bridston
  A discussion regarding how to best handle and avoid change order disputes before and during the construction project.
   
Construction Law Update by Kevin Bridston
  This multi-article publication addresses the distinction between pay when paid and pay if paid clauses, and no damages for delay clauses. (PDF format)
   
Arbitration Agreement Enforced, Despite Lack of Signed Agreement by Kevin Bridston
  This article addresses a recent case in which the Federal District Court of Colorado enforced the arbitration provision of construction contract despite the fact that the construction contract had not been signed.
   
The Practitioner's Guide to Colorado Construction Law
  A summary of the publication Colorado Construction Law, edited and spearheaded by Bob Benson with chapters authored by various construction lawyers, including members of Holland & Hart’s Construction Law Group.
   
Employment Law in Colorado Construction Industry by Jude Biggs
  An in-depth look a the various employment related laws affecting the construction industry. (PDF format)
   
Colorado Law of Subcontractors and Materialmen by Kevin Bridston
  This article focuses on the Colorado law regarding the rights and duties of subcontractors and materialmen. (PDF format)
   
Contractual Management, Allocation, and Transfer of Construction Project Risks by Robert Benson
  This article provides an in-depth look at the various contractual provisions that can be used to shift risk in construction contracts.
   
Repair Efforts May Extend Contractor's Statute of Limitations by Kevin Bridston
  Addresses the exceptions to the typical two year statute of limitations for construction projects in Colorado.
   
Generals May Be Liable For Subcontractor's Violations by Kevin Bridston
  Addresses a general contractor’s duty to insure that the subcontractors comply with OSHA.