Category Archives: Architects and Engineers

February 21, 2014

Colorado Court of Appeals kicks the can as to whether HPA voids limitations-of-liability clauses in residential A/E contracts between construction professionals

By Tim Gordon

Colorado’s Homeowner Protection Act (the “HPA”) protects homeowners by voiding any contractual provision that would result in the waiver of a homeowner’s rights under the Construction Defects Action Reform Act.  C.R.S. § 13-20-806(7)(a).  But some have argued that this same law should also void certain waivers and releases in agreements between construction professionals working on residential projects.  Recently, the Colorado Court of Appeals was faced with, but did not decide, this issue.

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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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