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
Litigation
The Medical Marijuana Business Down the Street Stinks
By Bill Kyriagis on
Medical marijuana businesses, including grow operations and dispensaries, can now be found in many communities throughout Colorado. The establishment and proliferation of such businesses has presented a number of issues for their neighbors.
One issue: marijuana stinks. It has a very strong odor, even before it is smoked.
Odor emanating from medical marijuana businesses has…
More to Consider on the Colorado Trust Fund and Mechanics’ Lien Statutes
By Dimitri Adloff on
Posted in Liens, Litigation
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
By Dimitri Adloff on
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…
Contractors Beware: Trust Fund Statute Receives Broad Interpretation
By Dimitri Adloff on
Posted in Liens, Litigation
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…