Under Construction - December 2012


Letter from the Editor
by James J. Sienicki

Happy Holidays to all!

As we close out 2012 and welcome 2013, we are grateful for the numerous opportunities to serve our community and our clients. We extend to you, your family and friends joy, peace and prosperity.

This issue of Under Construction features five articles. In the first article, Scott Sandberg reviews Colorado construction law developments in 2012 and three Colorado Court of Appeals cases. Two of the cases were duty to defend cases and the third related to the statute of repose on a multi-unit and multi-phased construction defect claim. In the second article about an Arizona construction defect claim, authors Josh Grabel and Jennifer Phillips discuss a Court of Appeals case that held that Arizona’s statute of repose applies to implied warranty claims, that the economic loss doctrine does not apply without a contract and that you cannot recover your attorneys’ fees regarding implied warranty claims. The third article by Rick Erickson and Nicole Sornsin addresses an Arizona Supreme Court case that ruled on an employer’s liability for the unrelated work activities of employees who travel out of town on behalf of the employer. In the fourth article, Wade Budge and Nora Pincus discuss the issue of using cranes when they must cross a neighbor’s airspace. The article provides reasons why owners and contractors should limit airspace intrusion or work with neighbors and attempt to obtain an agreement to secure airspace rights. The final article addresses the new California anti-indemnity statute that goes into effect on January 1, 2013.

If you have any questions or comments about any of these articles, please feel free to email them to me. I would appreciate hearing from you and what topics you would like us to address in future editions.

Best Regards,
Jim Sienicki

[Read the full newsletter.]