Weize Co. v. Colorado Regional Construction, Inc.
251 P.3d 489 | Colorado Court of Appeals | 2010
Holding Summary
A general contractor violated Colorado's construction trust fund statute by failing to hold funds in trust for subcontractors and suppliers, and a lien release bond does not exempt contractors from trust fund obligations or excuse failure to record a lis pendens.
A lien release bond is not equivalent to payment or performance bonds under the trust fund statute.
Related Cases
Green International, Inc. v. Solis
No-damages-for-delay clauses in construction contracts need not meet the conspicuousness requirement established in Dresser for exculpatory negligence clauses, and such clauses are enforceable to bar delay damages absent specific exceptions.
Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America
A standard merger clause without clear and unequivocal language expressly disclaiming reliance does not bar a fraud claim, even in a commercial lease agreement between parties.
Heldenfels Bros. v. City of Corpus Christi
A municipality owes no duty to a subcontractor to ensure a general contractor provides valid payment bonds, and a subcontractor cannot recover from the municipality under quantum meruit, unjust enrichment, or negligence theories when the general contractor abandons the project.
Department of the Army v. Blue Fox, Inc.
Sovereign immunity bars subcontractors from enforcing equitable liens against the United States Government, as the APA's waiver of immunity does not extend to claims for money damages.
Rice v. Pinney
A county court has jurisdiction to determine immediate possession in a forcible detainer action even when a concurrent district court suit challenges title, provided the possession determination does not necessarily require resolving the title dispute.
PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. Partnership
DTPA claims are not assignable because assignment would defeat the statute's primary purpose of encouraging individual consumers to bring claims themselves, and DTPA claims are too personal and punitive in nature to be transferred as property.