The U.S. has a housing crisis. Colorado is no exception. With housing and square footage at a premium, homeowners and potential buyers find themselves turning to creative housing solutions: ADUs are a perfect example of this. But what is an ADU? An ADU (aka “Accessory Dwelling Unit”), is typical...
While many restrictive covenants include use regulations of land, they also include affirmative obligations. One of the most common examples is the affirmative obligation to pay assessments. Almost always where there is a Homeowner's Association ("HOA") or similar organization within a common in...
In Colorado, a mechanics' lien requires certain information to be included for the mechanics' lien to have effect. If the lien is insufficient in any way, the lien could be deemed invalid or unenforceable. I'm a subcontractor on the project and I don't know who the owner is. What do I do? The t...
The first step in recording a mechanic's lien in Colorado is to fill out the appropriate mechanic's lien form. While a mechanic's lien is not overly complicated, it is important that the lien form the contractor is using is the correct form for the contractor and that it is filled out completely ...
When you buy a multi-family townhome or a condominium, you will likely come across a document that will begin with the words “Declaration of,” followed by some combination of the words, “grants,” “easements, “covenants,” “restrictions,” and “party wall agreement.” Though you may come across the o...
At the core of the real estate transaction is the deed. The deed is the all-important legal document that conveys ownership or interest in real property (for example, a house or a lot) from one person to another. However, not every deed offers the same protection to a buyer...
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...
When you buy a condominium, a row home, a townhome, or even a single-family home in a development, you will likely come across a document that begins with the words “Declaration of,” followed by some combination of the words “grants,” “easements,” “covenants,” “restrictions,” and/or “party wall a...
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...
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...
Everyone wants to run an efficient construction business. Having documents that clearly set expectations and promote efficiency is a great way to ensure a smooth and successful project. While all documents are important and should be considered thoroughly, there are 4 critical documents that shou...
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...
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...
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...
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...
Lien releases are a safe way to ensure that liens are terminated, and payment is collected. However, lien releases that are conditional or unconditional function differently and have different risks. Lien releases in Colorado are unregulated, so a party signing a lien release should be aware of t...
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...
PART 1: Context Of Co-tenancies In A Modern Society. People are getting creative with their financing options. With this comes greater opportunities for disputes and unique legal conundrums. As we have all been witness to the Colorado real estate market over the past few years, you can imagine t...
Colorado, especially the resort towns, is really having a hard time establishing consistent affordable housing around the state. Most municipalities are beginning to introduce or extend deed restrictions, which require certain affordable standards be set. The funny part is, property owners are mo...
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...
It depends. In many real estate and construction transactions, you see a request for either a purchaser, owner, landlord or general contractor to be named as an additional insured or certificate holder to verify coverage of remote loss. However, the terminology and application have be skewed in t...
These are uncertain times, that's the only thing we are sure of right now. While courts and clerks are closing, toilet paper is disappearing and the stock market is plummeting, what is happening with the real estate market? Well in some aspects, business as usual. In others, it is slow motion cha...
A lot has happened in the last few weeks. One being a global slow-down of all things as a result of the COVID-19 pandemic. Such slow-down will be felt across many industries. The question remains is your current Force Majeure clause encompassing of the current pandemic? Force Majeure literally tr...
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...
As a subcontractor, the negotiation/bid process is a very exciting, yet stressful time. The prospect of securing a new project makes it easy to consider foregoing necessary due diligence of the proposed agreement. It is important to consider what you are agreeing to and how the terms could curtai...
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