Choice of law provisions are often a negotiated term in construction contracts. Oddly enough, Colorado’s anti-indemnity statute makes at least this one term easy for the parties to agree on. C.R.S. 13-21-111.5(6)(g) provides that, “[n]otwithstanding any contractual provision to the contrary, the laws of the state of Colorado shall apply to every construction agreement affecting improvements to real property within the state of Colorado.”
By: Kevin Bridston
In my experience as a trial lawyer specializing in construction claims, I see a consistent pattern with project documentation: weak project documentation impairs the claimant’s ability to resolve the claim, whether by settlement, arbitration, or trial. The weaknesses generally fall into three categories: (1) failure to follow contractual requirements for notice; (2) failure to completely document daily events, impacts and costs on the project; and (3) failure to raise critical issues as soon as practicable after they are known. Each of these weaknesses can and should be addressed on the project to improve the likelihood of a favorable and timely resolution of claims.