Monthly Archives: June 2008

June 26, 2008

Subcontractor not required to perform its paving work at midnight using teaspoons

By Tim Gordon

New Design Construction Company, Inc. v. Hamon Contractors, Inc. (Colo. App. 2008)

The Court of Appeals holds that the duty of good faith and fair dealing applies to a prime contractor’s right to schedule and sequence the work.  Additionally, the Court holds that a subcontractor not suing CDOT directly is not required to exhaust the CDOT administrative remedies prior to maintaining a suit against the prime contractor.  Finally, the Court addresses when penalty interest under Colorado’s prompt pay act applies and begins accruing.

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June 9, 2008

Cert. granted on whether subrogation waiver applies only to the “Work”

By Tim Gordon

Copper Mountain, Inc. v. Industrial Systems, Inc. (Colo. 2008)

Today, the Supreme Court of Colorado granted cert. on the following issue: Whether the court of appeals erred in ruling a waiver of subrogation provision in an American Institute of Architects ("AIA") form contract barred all of owner-plaintiff’s claims, thereby creating a conflict with another decision of the court of appeals, Town of Silverton v. Phoenix Heat Source System, Inc., 948 P.2d 9 (Colo. App. 1997), which held the waiver provision barred only claims for damages to the "Work" required to be insured by the owner under the contract.

Read prior post regarding the Court of Appeals’ decision here.