Subrogation Rights: What Are They?

Posted by Caroline H. Beavers | Feb 22, 2021 | 0 Comments

What is subrogation? Subrogation is the insurance concept where the insurance company, who has paid an insurance claim to an insured party, can then seek reimbursement from the negligent party for the claim amount. The insurer can recoup the money paid to the party by “stepping into their shoes...

Colorado Mechanics' Lien Series: Introduction

Posted by Caroline H. Beavers | Feb 11, 2021 | 0 Comments

What is a mechanics' lien? A mechanics' lien is a method of ensuring that parties who supply materials, labor, or services to a construction project are paid for their work. When a construction professional records a mechanics lien, the professional is granted a security interest in the property...

COVID-19 and Lease Modifications

Posted by Caroline H. Beavers | Jan 28, 2021 | 0 Comments

My tenant's circumstances have changed. What do I need to consider before modifying the lease? With the world-wide pandemic changing the way we work and live, many are working from home and are unsure when they will return to the office, if ever. Microsoft recently announced that it will not req...

Subcontractor Default and Termination Factors

Posted by Caroline H. Beavers | Sep 16, 2020 | 0 Comments

While terminating for default may seem like a simple decision, it is a decision that should be made with great caution as it can have serious impacts on the current project and future projects. Construction projects are fluid, and each has its own surprises and challenges. It is in the best inter...

Non-Competes And The Independent Contractor

Posted by Caroline H. Beavers | Sep 15, 2020 | 0 Comments

Are they enforceable? Typical "attorney" response: Well, it depends. There is no special bar voiding non-compete agreements for independent contractors. In Colorado, independent contractors and employees are treated the same when enforcing non-compete agreements.  In Colorado, non-compete agreeme...

PROPERTY PRENUPS: When Things Fall Apart

Posted by Lyndsey M. O'Connell | Aug 10, 2020 | 0 Comments

PART 4: Default Remedies and How They Can Fail to Capture Original Intent.  Generally, when cotenants have a common interest in property, “either party may have the property divided by an equitable proceeding pursuant to the partition statutes, §38-28-101, et seq.” Young Properties v. Woflick, 87...


Posted by Lyndsey M. O'Connell | Aug 03, 2020 | 0 Comments

PART 3: Termination and Conversion of Tenancies.  In determining whether a joint tenancy remains and devises to the benefit of another joint tenant or whether there was a termination that created a tenancy in common, the earlier cases tended to turn the determination of whether or not the acts of...


Posted by Lyndsey M. O'Connell | Jul 28, 2020 | 0 Comments

PART 2: A History Of Tenancies Under the feudal system of England, the holdings of the courts long favored joint tenancies rather than tenancies in common. The later English decisions have leaned the other way. In this country, some of the courts' earliest decisions decided that a joint tenancy i...

The Battle For Earnest Money

Posted by Lyndsey M. O'Connell | Apr 16, 2020 | 0 Comments

Buying a house can be a very exciting time in a person's life. Chances are, if you're reading this, you have entered into a Contract to Buy or Sell property and have experienced closing on that property or have seen a sale fall through. The ladder option can happen for a multitude of reasons: fai...

Legislative updates, and what they mean for YOU!

Posted by Lyndsey M. O'Connell | Dec 23, 2019 | 0 Comments

We all know that the legislature is in session and that amendments and additions are made, but who has time to keep up with it? Most importantly, who has time to read them all and analyze how they affect the real people around Colorado? Well, for starters, Jeremy Schupbach does. He is the Colorad...

What Is A 1031 Exchange And How Can It Benefit Me?

Posted by Lyndsey M. O'Connell | Feb 07, 2019 | 0 Comments

We all want to pay less taxes. All of us.  It is for this reason that the 1031 Exchange can be so beneficial. IRC § 1031 allows investors to sell properties and reinvest the profits into another piece of property and defer the capital gains taxes (click here for more on that topic).  Specifically...

What Type Of Business Should I Start?

Posted by Lyndsey M. O'Connell | Dec 17, 2018 | 0 Comments

The structure of the business or business type is one of the most important decisions to be made in starting a new venture. There are varying factors that all have legal and financial implications. Those factors can include: Legal restrictions Liabilities assumed by members Type of business oper...

Do I Need A Master Service Agreement?

Posted by Caroline H. Beavers | Dec 17, 2018 | 0 Comments

If you have spent time any amount of time working in the construction industry as a subcontractor, vendor or material supplier you have likely come into contact with general contractor who provides their standard contract to perform work for the company. Or if you are a general contractor you lik...


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