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DAVID C. OLSON v. DENVER & RIO GRANDE

Nos. 87CA1851, 88CA0331.

789 P.2d 492 (1990)

DAVID C. OLSON, INC., d/b/a DCO Contractors, Inc., a Colorado corporation, Cross-Claim Plaintiff-Appellee and Cross-Appellant, and United States Fidelity & Guaranty Company; Howard Electrical & Mechanical, Inc.; and Johnson Controls, Inc., Cross-Claim Plaintiffs-Appellees, v. DENVER & RIO GRANDE WESTERN RAILROAD CO., Cross-Claim Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

February 22, 1990.

Attorney(s) appearing for the Case

Faegre & Benson, Michael J. Cook and Catherine A. Lemon, Denver, for cross-claim plaintiff-appellee and cross-appellant David C. Olson, Inc., d/b/a DCO Contractors, Inc., a Colorado corporation.

Meer & Meer, Robert Meer, Charlane J. Plucheck and Steven M. Fowler, Denver, and Watt, Tieder, Killian & Hoffar, Julian F. Hoffar, William J. Ferguson, Jr. and Ellen F. Randel, McLean, Va., for cross-claim plaintiffs-appellees Howard Electrical & Mechanical, Inc.

Heron, Burchette, Ruckert & Rothwell, Murray Ogborn and Steven M. Flansburg, Denver, for cross-claim plaintiffs-appellees Johnson Controls, Inc.

Holme Roberts & Owen, Richard R. Young, Brent E. Rychener and Walter H. Sargent, Denver (Holme Roberts & Owen, Richard G. Wilkins, Salt Lake City, Utah, of counsel), for cross-claim defendant-appellant and cross-appellee Denver & Rio Grand Western R. Co.

Opinion by Judge CRISWELL.

Defendant, Denver & Rio Grande Western Railroad Co. (the railroad), appeals from that part of the trial court's judgment which awarded David C. Olson, Inc. (the prime contractor), a judgment against the railroad for a portion of the attorney fees incurred by Howard Electrical & Mechanical, Inc., (the sub-contractor) in prosecuting a claim against the prime contractor. The railroad asserts that there is no legal basis for the award...

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