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S K Peightal Engineers Ltd. v. Mid Valley Real Estate Solutions V, LLC

Supreme Court of Colorado, En Banc

March 3, 2014

S K Peightal Engineers LTD, a Colorado corporation; Hepworth Pawlak Geotechnical Inc.; Steve Pawlak; and Daniel E. Hardin, Petitioners
v.
Mid Valley Real Estate Solutions V, LLC, a Colorado limited liability company, Respondent

Court of Appeals Case No. 13CA519.

Petition for Writ of Certiorari GRANTED.

Summary of the Issues:

[REFRAMED ISSUE 1] Whether the economic loss rule bars a homeowner's negligence claim against a construction professional when the owner is a commercial entity rather than a natural homebuyer.

[REFRAMED ISSUE 2] Whether the interrelated contract doctrine as defined in BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66 (Colo. 2004), can apply to a wholly-owned subsidiary that did not exist when the initial contracts were drafted but instead was created after work on the relevant contracts had been completed.

DENIED AS TO ALL OTHER ISSUES.


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