Monthly Archives: November 2010

November 19, 2010

Colorado Court of Appeals Addresses “Actual Damages” Under the Construction Defect Action Reform Act

By Tim Gordon

In Hildebrand v. New Visa Homes II, LLC (Colo. App. Nov. 11, 2010), a division of the Colorado Court of Appeals addressed, among other things, what the proper measure of damages is for a construction defects claim under the Construction Defect Action Reform Act (“CDARA”).  In doing so, the Court of Appeals clarified that the plaintiffs need not present alternative methods of computation of damages.  Additionally, the Court of Appeals held that “inconvenience damages” were recoverable under CDARA.  Finally, the Court held that the plaintiffs were not entitled to prejudgment interest for its damages based on cost to repair.

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November 8, 2010

Owner may sue town’s engineering consultant for being billed excessive tap fees

By Tim Gordon

Rocky Mountain Festivals, Inc. v. Parsons Corporation (Colo. Nov. 8, 2010).

Today, the Supreme Court cleared the way for a property owner to pursue claims against a town’s consulting engineer for issuing a faulty report that resulted in the owner having to litigate with the town regarding over assessment of tap fees.

The Town of Larkspur hired Parsons to investigate problems with its water and wastewater systems.  As part of its report to the Town, Parsons noted that the Renaissance Festival had underpaid for water and wastewater services.  The Town then billed the Festival for approximately $1,600,000 in unpaid back tap fees.

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