2012: Recent Case Law Effects on the Anatomy of a Residential Construction Defect Lawsuit
July 2012
2012 Recent Case Law Effects on the Anatomy of a Residential Construction Defect Lawsuit
Program Highlights:
Each attendee will receive a copy of the Third Edition of Residential Construction Law in Colorado, plus updated supplemental material.
Program Description:
The seminar will highlight recent liability, damages and insurance case law developments, as a supplement to the 2011 Third Edition of Residential Construction Law in Colorado (CBA-CLE) authored by Ronald M. Sandgrund, Scott F. Sullan and Leslie A. Tuft.
The course will follow the separate thought processes and strategies of Ron Sandgrund and Brad Peterson, two lawyers representing, respectively, a property owner-claimant and a construction professional, in light of recent case law. A copy of the book is included as part of the course materials.
Topics:
- Pre-suit investigation and the CDARA notice of claim process.
- Pleadings: claims and defenses, third-party practice, list of defects, insurance concerns.
- Expert retention and damages models.
- Deposition and written discovery.
- Summary judgment practice and pretrial motions.
- Settlement discussions (including insurance and collection issues).
- Trial and appeal.
Faculty
Ronald M. Sandgrund is of counsel with the Denver law firm Sullan2, Sandgrund, Perczak & Nuss P.C., and has extensive experience litigating construction defect, construction materials, product liability, multi-family community, class action and insurance lawsuits. He was the lead negotiator with Richmond Homes that led to a class action settlement on behalf of over 25,000 Colorado homeowners in 1996. Mr. Sandgrund and his law firm have been appointed as class counsel in nine cases, including one of the largest residential homeowner class actions ever certified, the 1996 Mission Viejo case, and the 2004 Oldach/Outlook Windows case, involving over 30,000 Colorado homeowners. Mr. Sandgrund was managing principal for the firm from 1990 until 2008. Mr. Sandgrund and firm principal, Scott Sullan, have worked together since 1980.
Mr. Sandgrund has lectured to attorneys, claims adjusters and construction management graduate students on insurance and construction defect liability issues, and he regularly authors articles on insurance and construction law. He co-authored Residential Construction Law in Colorado (CBA-CLE 2011) with Mr. Sullan and Ms. Leslie A. Tuft, along with Chapter 14 (Residential Construction) to the Practitioner's Guide to Colorado Construction Law, (Robert Benson ed., Denver: 2010). Residential Construction Law in Colorado received the 2011 national Award of Professional Excellence from the Association for Continuing Legal Education.
Journal articles coauthored by Mr. Sandgrund were chosen to be republished nationwide in the “Legal Handbook for Architects, Engineers and Contractors” (Issues in Construction and Technology, Albert Dib, ed.) (West Publishing) in 2004, 2005, 2006, 2007, 2009, 2010 and 2011 as reflecting “cutting-edge thinking” in construction litigation. Mr. Sandgrund also co-authored with Mr. Sullan and Ms. Tuft “Class Counsel's Professional Responsibilities,” Chapter 37 in the legal ethics treatise Lawyers' Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions, (2nd ed.) (Michael Mihm, ed., Denver: 2011).
Mr. Sandgrund's writings have been referred to in many Colorado and Tenth Circuit appellate court opinions. Mr. Sandgrund has served on Colorado Bar Association committees regarding inter-professional relations, court reform, and employment law. He also has testified before the Colorado legislature regarding proposed laws affecting Colorado homeowners, and was instrumental in helping write significant portions of the Construction Defect Action Reform Act, the Homeowner Protection Act, and the Construction Professional Liability Insurance Act. Mr. Sandgrund has testified as an expert witness regarding insurance policy compilation and construction, and insurance claims handling practices and standards, in the U.S. District Court for Colorado, and on the reasonableness of class counsel attorney fees and costs in the Colorado District Court.
Mr. Sandgrund was born in New York in November 1957, and obtained a Bachelor of Arts in Psychology and English from the State University of New York at Albany, graduating magna cum laude. In 1979, Mr. Sandgrund moved to Colorado to attend the University of Colorado School of Law, graduating in 1982. Mr. Sandgrund was a trial advocacy instructor at the University of Colorado Law School from 1994 to 2004. He has been selected as a Colorado SuperLawyer® and is rated “AV” by Martindale-Hubbell. He has established CU Law School faculty and student Awards for Best Consumer Rights Work and an Environmental Law Fellowship. Before attending law school, Mr. Sandgrund worked in a marine laboratory and clam and oyster hatchery on the Atlantic Coast. Mr. Sandgrund resides with his wife, Cheryl, in Boulder, where, if he is not attending to his practice, he usually can be found on a tennis, racquetball or basketball court, or on a hiking, skiing or mountain biking trail (or in his orthopedist's office).
C. Brad Peterson is a partner with Hutchinson Black and Cook, LLC. His practice has focused on construction and commercial litigation for three decades. Mr. Peterson represents owners and developers in a range of multi-million dollar construction disputes, including both residential and commercial projects. He also represents architects and engineers in a range of matters, including lien claims, malpractice claims, and other claims. His general contractor clients include both commercial and residential contractors, with revenues ranging from less than a million to nearly one hundred million dollars per annum, and their work includes both private and public projects. His subcontractor clients have a wide range of construction disputes, including construction defect and lien litigation. Mr. Peterson has been selected for inclusion by “Best Lawyers in America” in the Construction Law Category. He heads his firm's construction practice, and the firm has received a “First Tier” ranking in the Construction Law practice area among all law firms in Colorado in the inaugural “Best Law Firms” publication by U.S. News. He has been selected to “Super Lawyers” in the Construction Litigation category.
Mr. Peterson has tried more than 100 cases during his career, ranging from half-day bench trials to month-long jury trials. He is a faculty member of the National Institute of Trial Advocacy, teaching a broad range of programs, including the National Trial Advocacy program. He is a member of the Roster of Neutrals for the American Arbitration Association.
Mr. Peterson was born in 1956 and is a Colorado native. He obtained his Bachelor of Arts from the College of William and Mary in 1978, where he was a member of Phi Beta Kappa. He obtained his Juris Doctorate from the University of Colorado School of Law in 1982, where he was a member of Order of the Coif, an Associate Editor of the University of Colorado Law Review, and the recipient of the BNA award. Following his law school graduation, Mr. Peterson clerked for the Honorable Jim R. Carrigan, United States District Court, District of Colorado. He is the former co-chair of the Boulder County Bar Association Civil Litigation Section. Mr. Peterson lives in Boulder with his wife and two children. He enjoys a wide range of outdoor activities and sports, and his love of travel has taken him on several one-year sabbaticals during which he and his family have traveled the world.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
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1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $209.00 |
| CBA | $189.00 |
| $169.00 | |
| New Lawyer | $149.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 3.00
- Ethics Credits:
- EDI Credits:
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