By Tim Gordon
Before a potential developer purchases property for a new project, it needs to secure financing. Before the lender will agree to finance the project, it wants to be satisfied that the project has or will be granted the requisite entitlements. And before the requisite entitlements can be obtained, preliminary design work must be performed. As a result, design professionals often perform site planning and other design work before the developer even purchases the real property. A somewhat-similar scenario happened in Oz Architecture of Denver, Inc. v. V3 Companies of Colorado, Ltd. (Colo. App. April 19, 2012) (not published pursuant to C.A.R. 35(f)).