February 22, 2007

Lost Bonding-Capacity Claims Are Too Speculative (on cert.)

By Tim Gordon

Denny Construction v. Denver (Colo. App. 2007)

The Colorado Court of Appeals held that, as a matter of law, lost bonding-capacity claims are too speculative. I’ve highlighted the relevant text.

The Court also addressed various provisions in a typical contract that give the owner discretion (like granting extensions), and how exercising that discretion can result in a claim for breach of the duty of good faith and fair dealing.

Read slip opinion