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GRIMM CONST. v. BD. OF WATER COM'RS

No. 91CA1108.

835 P.2d 599 (1992)

GRIMM CONSTRUCTION CO., INC., Plaintiff-Appellant, v. The DENVER BOARD OF WATER COMMISSIONERS; and the City and County of Denver, State of Colorado, a municipal corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

June 18, 1992.

Attorney(s) appearing for the Case

Wells, Love & Scoby, David A. McKinley, Boulder, for plaintiff-appellant.

Michael L. Walker and Hulbert E. Reichelt, Denver, for defendant-appellee Denver Bd. of Water Com'rs.

Daniel E. Muse, City Atty., Robert M. Kelly and Karen A. Aviles, Asst. City Attys., Denver, for defendant-appellee City and County of Denver.

Opinion by Judge METZGER.

In this action to recover excess costs for completing a construction contract, plaintiff, Grimm Construction Co., Inc., appeals from the summary judgment dismissing its complaint against the City and County of Denver (the City) and the City's Board of Water Commissioners (the Board). We affirm in part, reverse in part, and remand for further proceedings.

As pertinent here, the complaint alleged that, in March 1988, the Board awarded...

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