Colorado Residential Construction: CDARA Legal Update

Colorado Residential Construction: CDARA Legal Update - Colorado Springs

June 2010

Original Program Date May 26, 2010

Colorado Residential Construction: CDARA Legal Update

Program Highlights

What you will learn:

- Legal developments under CDARA since 2007

- Damages causation: pleading, disclosure, discovery, proof, and jury instructions

- Allocation of damages in complex, multi-party disputes

- Liability insurance coverage developments

Each attendee will receive a complimentary copy of the Residential Construction Law in Colorado, 2nd edition, as supplemental course materials.

Program Description

This half-day seminar will highlight developments since 2007 in analyzing and applying Colorado's Construction Defect Action Reform's Act (CDARA). The faculty will also discuss pleading, disclosure, discovery, proof and jury instruction concerns relating to damages causation and allocation in complex, multi-party construction defect disputes. Additionally, the seminar will preview some of the issues and cases to be included in the upcoming third edition of Residential Construction Law in Colorado (Ronald M. Sandgrund, Scott F. Sullan & Leslie A Tuft, authors), including proof by extrapolation and recent liability insurance coverage developments.

Agenda

8:30 am - 9:00 am

Registration and Continental Breakfast

9:00 am - 10:00 am

Damages Causation and Allocation in Complex Construction Defect Cases

10:00 am - 10:30 am

Select Issues Affecting Homeowner Associations in Construction Defect Cases

- CDARA Damages Caps and Burden of Proof: Recent Developments

- CDARA Damages Caps: “Building-by-Building” versus “Whole Project”

10:30 am - 10:45 am

Networking Break

10:45 am - 11:15 am

Recent Construction Defect Law Developments

- Notice of Claim Process

- Extrapolation

11:15 - 12:00 pm

Liability Insurance Issues

- Occurrences,” “Accidents” and General Security, Greystone and Teamcorp.

- “Excess” Coverage Grants and Defense Clauses

- Adequately Insured Subcontractors

12:00 pm

Adjourn

About the Faculty:

Ron Sandgrund is Of Counsel with, and Mari Perczak is a shareholder and principal in, Sullan², Sandgrund, Smith and Perczak, P.C. The firm has been litigating single-family and multi-family construction defect disputes on behalf of homeowners and homeowner associations in Colorado since the early 1990's. Before that, the firm represented builders, developers, lenders, product manufacturers and liability insurers. Mr. Sandgrund has written extensively on construction defect and related liability insurance issues. In 2009, Mr. Sandgrund, Ms. Perczak and Leslie A. Tuft co-authored a two-part article regarding recovery of actual damages under CDARA in The Colorado Lawyer.