TAMBLYN v. MICKEY & FOX, INC.

No. C-1291.

578 P.2d 641 (1978)

Hal Gordon TAMBLYN and Katherine Tamblyn, Petitioners, v. MICKEY AND FOX, INCORPORATED, Consulting Engineers, and Chen and Associates, Incorporated, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 30, 1978.


Attorney(s) appearing for the Case

Alperstein, Plaut & Snead, Arnold Alperstein, Ronald C. Forman, Lakewood, for petitioners.

Tallmadge, Tallmadge, Wallace & Hahn, C. Thomas Bastien, Denver, for respondent Mickey & Fox, Inc.

Caskins, Hertzman & Chanzit, Richard M. Chanzit, William J. Caskins, Jr., Francis V. Cristiano, Denver, for respondent Chen & Associates, Inc.

Grant, McHendrie, Haines & Crouse, Charles H. Haines, Jr., Gary Holdeman, Denver, for amicus curiae Bechtel Corp.

Banta & Eason, Richard L. Eason, Stephen G. Everall, Englewood, for amicus curiae Arapahoe County School Dist. No. 6.

Leland M. Coulter, Louise L. Edmonds, Aurora, Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for amici curiae City of Aurora and City of Colorado Springs.

Margaret Bates Ellison, Denver, for amici curiae Consulting Engineers Council of Colorado, Colorado Society of Architects, and Professional Engineers of Colorado.

Robert J. Mason, Colorado Springs, for amici curiae James F. and Hannah H. Duncan.

David C. Mize, Colorado Springs, for amicus curiae Schuster-Graham Homes, Inc.


CARRIGAN, Justice.

Petitioners, the Tamblyns, brought this action for damages alleging that the respondents had negligently performed certain engineering work related to the construction of the Tamblyns' home. The trial court granted the respondents' motions for summary judgment, holding that the action had not been brought within two years after the claim for relief arose, and was therefore barred by section 13-80-127, C...

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