Colorado Association of Geotechnical Engineers - Event Information
CARDI, SCHULTE & FORD, LLC
As you know, Cardi, Schulte & Ford, llc specializes in representing design professionals. We’re pleased to say that after a short hiatus, we will again be presenting our bi-annual afternoon conference and seminar on legal issues that impact design professionals’ practice.
SAVE THE DATE – MAY 17, 2018, at THE DOUBLETREE HOTEL, I-25 and ORCHARD.
Schedule details to follow in coming weeks.
A taste of the seminar: two 2017 Colorado appellate court decisions will likely result in more construction defect claims.
Court of Appeals rules that any project used as a residence, even on a temporary basis, is “residential” property subject to the Homeowner’s Protection Act, and design professionals and contractors cannot protect themselves with limitations of liability and similar contract provisions. Broomfield Senior Living Owner LLC v. R.G. Brinkmann, Inc.: The Court held that the Homeowner’s Protection Act (“HPA”) applies even to senior housing units for rent, even when the Owner/Claimant is not using the project as his own residence.
This means apartments, college dormitories, possibly even hotels and hospitals, will become more frequent targets of construction defect claims. At the CSF seminar, we’ll talk about what the design professions might do to deal with this decision.
Colorado Supreme Court rules that there is a 90-day exception to the 2-year statute of limitations and the 6-year statute of repose, and the 90 days starts when the Owner/Developer settles an underlying claim. This effectively erases the statute of repose and extends a design professional’s exposure to claims well beyond 8 years after substantial completion.
At the CSF seminar, we’ll talk about what this means for different types of projects, and what it means for record keeping.
Hope to see you on the 17th!
THE DOUBLETREE HOTEL 7801 E Orchard Rd Greenwood Village, CO 80111