In construction disputes, as in any civil litigation, the term “damages” means payment in money for a plaintiff’s losses caused by a defendant’s wrongful conduct.  Damages may be compensatory or punitive, according to whether they are awarded as the measure of actual loss suffered, or as punishment for outrageous conduct and to deter future transgressions.

One reality of construction law is that subcontractors frequently face an uphill battle. They often have little or no input into the terms of the construction contract between the general contractor and the owner; and subcontractors are often subject to one-sided contractual provisions that they may be unaware of.

Access is a fundamental right for property, one of the “bundle of sticks” in the legal metaphorical sense, and roads are a defining aspect of access.  Of course, access is necessary for construction projects.  The term “road law” encompasses a large body of statutes and judicial decisions that govern the use of roads encompassing private roads based on express or implied easements, to public roads as a result of historic use, to public highways. 

A mechanic’s lien is a creature of statute and provides security for unpaid contractors, subcontractors, or suppliers who have worked on or provided materials for incorporation into improvements to specific real property.  Colorado Mechanic’s Lien Statute, C.R.S. §§ 38-22-101, et seq.  Perfecting a mechanic’s lien claim is not a simple process. 

Let’s say that your neighbors have excavated on their land, and you subsequently find some evidence of subsidence on your property - growing cracks in walls or foundation, for instance. Your neighbor’s excavation might have affected the “sub-lateral support” for your land. As a Colorado landowner, you are entitled to have your land remain in its natural state, and the soil in neighboring property helps to support that state.

Homeowner associations are non-profit corporations charged with operating and maintaining “common interest communities.”  Such communities are governed by the Colorado Common Interest Ownership Act, general known as “CCIOA.”  Communities subject to the act include residential or commercial condominium developments; townhome or patio home communities; and single family home subdivisions.

A contract is in essence a promise given in consideration for a reciprocal promise.  A construction contract is a very complex series of promises that establish the rights and obligations of the parties.  A breach of the contract in its simplest form, then, is a failure to perform a promise. 

The guiding principle of contract law is that a contract will be interpreted to give effect to the intention of the parties.  To discern that intention, a court will look first to the written document, the so-called "four corners rule" of contract interpretation.  If that document is ambiguous -- that is, susceptible to more than one interpretation -- the court can look outside the four corners to "extrinsic evidence." 

Virtually all construction projects are accomplished by way of a contract of some sort, and it is important to keep basic contract law in mind when drafting, negotiating, reviewing and entering into construction contracts.  To be enforceable, a contract must be supported by consideration.  In its simplest form, consideration is a promise – a contract thus is a promise given in exchange, that is in consideration, for a promise received.

A basic mechanism for managing risk on construction projects is insurance.  Insurance policies provide two basic benefits: protection from losses arising out of covered claims; legal representation for covered claims.  There are numerous kinds of insurance coverage available for a construction project. It’s worth carefully assessing your risks and matching them with the appropriate coverage. 

Everyone knows that water flows downhill, but what are the legal ramifications when the flow is obstructed and property damage results?  During flooding, conditions that historically allowed water to pass serenely from one property to another can be overwhelmed. Previously harmless objects in the drainage path become obstacles, and water reroutes without benefit of hydraulic design. 

The function of a contract is to reflect the intentions of the parties.  In construction, the shared intention is to construct a specific project, within a defined time frame, at an agreed price, and in a prescribed manner.  If the contract is well-drafted, the parties have a good start toward a successful project.  The contract will tell the parties what their respective rights and obligations are, as well as the consequences on not fulfilling their obligations.