Chapter 18 - § 18.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 18.1 • INTRODUCTION

Complete volumes have been written about the numerous and varied disputes generated by the construction industry.¹ The potential participants in a construction dispute include all involved in the increasingly complicated, costly, time-consuming, and risky construction process. No one is immune from potential disputes, from the owner, to the project lender, to the architect and its consultants, to the general contractor and/or its surety, to the construction manager (if one is being used), to the subcontractors and suppliers, to the sub-subcontractors, and to each of the parties' insurers. The types of claims asserted in a construction dispute are as diverse as the parties who may be involved. Claims based upon breach of contract, mechanics' liens, payment and performance bonds, negligence, warranty, intentional torts, premises liability, and liability imposed by statute are asserted with some frequency, with each category giving rise to one or more distinct, separate claims.² As such, it is beyond the scope of this chapter to address every dispute that generally may be characterized as a "construction dispute." "Construction dispute," for purposes of this chapter, is generally limited to performance and payment-related claims by and between owners, contractors, and subcontractors/suppliers, but does not include mechanics' lien claims,³ bond claims,⁴ claims against construction lenders,⁵ claims against architects and other design profession-als,⁶ or third-party claims,⁷ which are discussed elsewhere. Additionally, disputes relating to the nature and scope of the various insurance policies that insure those involved with construction projects⁸ and a comprehensive discussion of construction damages⁹ are not included. This chapter outlines the general framework within which construction disputes arise in Colorado, discusses the claims typically asserted, and examines how these construction disputes have been treated by Colorado appellate courts.¹⁰

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Notes:

^[1] See, e.g., P. Bruner & P O'Conner, Bruner and O'Conner on Construction Law (2016) (eight-volume treatise on construction law, disputes, and issues relevant to owners, contractors, design professionals, sureties, insurers, and lenders); Construction Claims Deskbook (R. Brams & C. Lerner eds., 1996) (evaluating typical contractor claims against owners); J. Acret, Architects and Engineers (2011) (discussing design professionals' liability).

^[2] For instance, particularly with...