The CGIA and School District Playground Equipment – The Colorado Supreme Court Rules on St. Vrain Valley Sch. Dist. RE-1J v. Loveland

On May 22, 2017, the Colorado Supreme Court issued a ruling that a piece of playground equipment that was not negligently constructed or maintained is not a “dangerous condition” under the “recreation-area waiver” of the Colorado Governmental Immunity Act (CGIA). In so holding, the Court rejected the argument that the CGIA could not be invoked because a piece of “zip [...]

By | 2017-06-13T08:23:00+00:00 June 12, 2017|
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House Bill 1279 Provides Hope Condominium Construction Will Increase Again in Metro Denver

Following years of unsuccessful efforts by the Colorado legislature to pass meaningful construction defect reform to spur multi-family condominium projects in the state, Governor John Hickenlooper recently signed House Bill 1279 into law.  This legislation will make it more difficult for homeowners’ associations to file construction defect lawsuits against the buildings’ construction professionals. Currently, condominiums make up a very small [...]

By | 2017-06-09T13:54:25+00:00 June 8, 2017|
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What is a Preliminary Injunction?

On rare occasions, courts enter preliminary injunctions to prevent irreparable harm before a decision on the merits is reached. A preliminary injunction can restrain a party from proceeding with a certain course of conduct, preserve the status quo, or protect a party’s rights pending the final determination of a case. However, courts are hesitant to grant this relief. In Rathke, [...]

By | 2017-04-20T09:16:28+00:00 April 20, 2017|
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Job Classification for the Colorado Employer – Employees v. Independent Contractors

Correctly distinguishing between employees and independent contractors is critical for employer compliance under applicable wage and hour and benefits law; both federal and state. Whether a worker is classified as an employee or independent contractor affects unemployment insurance, workers’ compensation insurance, payroll taxes, and possibly even healthcare benefits. The “right of control” test.  To determine job classification status, Colorado utilizes [...]

By | 2017-03-17T09:12:33+00:00 March 15, 2017|
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Limitations of Third-Party Claims in Construction Defect Cases Analyzed by Colorado Supreme Court

  Last week, the Colorado Supreme Court addressed the issue of timely third-party claims against subcontractors and other construction professionals in Goodman vs. Heritage Builders. In this opinion, the court held that under the Construction Defect Action Reform Act (CDARA), a third-party claim against a construction professional is timely irrespective of both the two-year statute of limitations in section 13-80-102, [...]

By | 2017-03-17T11:19:59+00:00 March 9, 2017|
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Tips for Effective Contracting with Vendors

First published in Hoofbeats, the publication of the Colorado Dude and Guest Ranch Association. As a dude ranch operator, working with vendors is undoubtedly an integral part of your business. Whether that relationship is with a recreational provider such as a rafting company, a website provider, a maintenance contractor, or a food supplier, it is critical that you have a [...]

By | 2017-02-13T15:00:27+00:00 February 8, 2017|
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Doug Stevens on Why He Practices Outdoor Recreational Law

Doug Stevens worked his first case for a hunting outfitter nearly a dozen years ago, and has been providing counsel to outdoor recreation providers ever since. Like any business, recreation providers face legal issues related to the day to day — including business structure, incorporation and succession planning — while simultaneously being in the unique position of needing to prepare [...]

By | 2017-01-13T14:56:02+00:00 January 17, 2017|
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Colorado Court of Appeals Addresses Liability Waiver Issues in Stone Decision

In Stone v. Life Time Fitness, Inc., et al. (No. 15CV0598, Colo. App. December 29, 2016), the Colorado Court of Appeals recently declined to uphold a district court’s summary judgment order in favor of a fitness club when a member sued after being injured at the facility. Applying the Premises Liability Act (PLA), the trial court had dismissed a lawsuit [...]

By | 2017-01-09T11:11:13+00:00 January 9, 2017|
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Questions to Consider When Selecting an Experiential Education Program

There are a number of questions to consider when contemplating participation in an experiential education program. These include practical considerations related to budget and personal expectations as well as those pertaining to the intricacies of the program itself and risk management issues. To provide guidance to potential program participants, I recently wrote an article for the Association for Experiential Education’s [...]

By | 2016-12-27T11:06:17+00:00 November 11, 2016|
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A Primer on Service and Emotional Support Animals

The following blog was published by the Association for Experiential Education this month. Service animals help thousands of people with disabilities participate in life's everyday activities. Because of these animals’ critical role, business owners are required by law to make "reasonable accommodations" to allow these animals into their facilities. Increasingly, many people also rely on dogs or other animals to [...]

By | 2016-12-27T11:06:19+00:00 August 10, 2016|
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