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.
Some of our publications are saved in PDF format and will require
Acrobat Reader to view them.
Download the free application here.
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Differing Site Condition Clause Shifts Risk from Contractor to Owner by Kevin Bridston |
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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. |
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No Damages For Impaired Bonding Capacity by Kevin Bridston |
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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. |
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Colorado's
New Laws On Employment Verification by Angelica
M. Ochoa |
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This article addresses
two recently-enacted laws designed to ensure compliance with federal
laws that prohibit the employment of unauthorized workers. |
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Recent
Colorado Appellate Decisions Highlight How Unpredictable Construction
Litigation Can Be by Tim
Gordon |
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This article highlights
the uncertainty that is inherit in construction litigation, both
before trial and after trial. |
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Colorado
Adopts the Notice-Prejudice Rule by Joe
Ramirez |
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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. |
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On
The Drawing Board: New ADA Access Rules by Toby
Hazard |
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Proposed changes to
the Americans with Disabilities Act guidelines could change the
way that projects are designed and built. |
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Owner
Confuses CGL Policy For A Performance Bond by Tim
Gordon |
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The Colorado Court of
Appeals addresses the business risk exceptions to CGL policies in
the construction context. |
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Scheduling
Specifications Can Make Or Break Delay Claims by Kevin
Bridston and Brett Gross |
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This article discusses
the importance of a carefully crafted scheduling specification to
avoiding, or at least simplifying, delay disputes. |
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Surety
Discharge Due To Changes by Kevin
Bridston |
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This article addresses a defense
commonly asserted by sureties that often is not enforced by courts.
(PDF format) |
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Effective
Advocacy in Mediation
by Kevin
Bridston |
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This article discusses some of the
fundamentals of good mediation advocacy, which is not necessarily
the same as good trial advocacy. |
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Court
of Appeals Rules That Delay Damages Not Recoverable by Tim
Gordon |
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Explaining how an owner's failure
to mitigate its damages following a breach by the contractor can
result in a waiver of delay damages. |
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Suing
Someone Who Has To Agree To Be Sued by Tim
Gordon |
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This article addresses the risks
of contracting with governmental entities and Indian Tribes that
enjoy sovereign immunity. |
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Termination
for Convenience: Is It The Right Move? by Kevin
Bridston |
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This article analyzes the differences between
terminations for convenience and for cause, and the potential costs
of terminating a contractor for convenience. |
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Get
The Best Results In Claim Resolution Through The Smart Use of CPM
Scheduling by Dan
Frost |
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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. |
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New
Defect Act Has Implications for Colorado Construction by Tim
Gordon |
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An analysis of how the Construction Defect Action
Reform Act impacts commercial construction lawsuits in Colorado. |
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The
Risky Business of Playing Chicken with Change Orders by Kevin
Bridston |
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A discussion regarding how to best handle and
avoid change order disputes before and during the construction project. |
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Construction
Law Update by Kevin
Bridston |
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This multi-article publication addresses the
distinction between pay when paid and pay if paid clauses, and no
damages for delay clauses. (PDF format) |
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Arbitration
Agreement Enforced, Despite Lack of Signed Agreement by Kevin
Bridston |
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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. |
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The
Practitioner's Guide to Colorado Construction Law |
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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. |
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Employment
Law in Colorado Construction Industry by Jude
Biggs |
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An in-depth look a the various employment related
laws affecting the construction industry. (PDF format) |
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Colorado
Law of Subcontractors and Materialmen by Kevin
Bridston |
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This article focuses on the Colorado law regarding
the rights and duties of subcontractors and materialmen. (PDF format) |
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Contractual
Management, Allocation, and Transfer of Construction Project Risks
by Robert
Benson |
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This article provides an in-depth look at the
various contractual provisions that can be used to shift risk in
construction contracts. |
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Repair
Efforts May Extend Contractor's Statute of Limitations by Kevin
Bridston |
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Addresses the exceptions to the typical two year
statute of limitations for construction projects in Colorado. |
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Generals
May Be Liable For Subcontractor's Violations by Kevin
Bridston |
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Addresses a general contractor’s duty to
insure that the subcontractors comply with OSHA. |
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