With early signs of an economic recovery, developers, investors, and lenders have cautiously started exploring new deals. With new deals come new contracts, and with new contracts it is important to take another look at some of the “standard” provisions to which many of us have grown accustomed. One such provision which has become standard
More to Consider on the Colorado Trust Fund and Mechanics’ Lien Statutes
A few months ago, I wrote about a recent Colorado Court of Appeals decision that gave a broad interpretation to the Colorado Trust Fund Statute. That decision highlighted the importance of maintaining strict accounting practices and segregating funds for each separate construction project. As a follow up to that post, I would like to
Supreme Court Will Not Review Judgment Against Boulder County in Church Case
The Supreme Court on Monday refused to consider a constitutional challenge to the Religious Land Use and Institutionalized Persons Act (RLUIPA), leaving intact a federal jury’s verdicts that Boulder County, Colorado had violated three separate provisions of the statute in its processing and denial of a 2004 special use application filed by Rocky Mountain Christian
Wind Turbines Provide Unexpected Benefits for Farmers
A few months ago I wrote about how wind turbines could constitute a nuisance to adjoining landowners. While that may be the case for residential neighbors, recent studies have shown that wind turbines might actually provide unexpected benefits to farmers. The Denver Business Journal recently reported that wind turbines help plants grow by cooling them
Contractors Beware: Trust Fund Statute Receives Broad Interpretation
As Jamie C. Belgum reported in the Colorado Bar Association’s Business Law Newsletter, the Colorado Court of Appeals recently decided a case that gives broad interpretation to the Colorado Trust Fund Statute, C.R.S. § 38-22-127.
The Trust Fund Statute requires contractors to hold funds they receive for a project in trust for the