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BRW, INC. v. DUFFICY & SONS, INC.

No. 03SC104.

99 P.3d 66 (2004)

BRW, INC., and Professional Service Industries, Inc., Petitioners, v. DUFFICY & SONS, INC., d/b/a/ Central Denver Ironworks, Inc., Respondent.

Supreme Court of Colorado.

October 4, 2004.

Attorney(s) appearing for the Case

Holland & Hart, LLP, Daniel R. Frost, Elizabeth A. Phelan, Timothy W. Gordon, Denver, for Petitioner BRW, Inc.

Kennedy, Christopher, Childs & Fogg, P.C., John R. Mann, Denver, for Petitioner Professional Services Industries, Inc.

Cage, Williams, Abelman & Layden, P.C., Alvin M. Cohen, Denver, for Respondent Dufficy & Sons, Inc.

Jackson Kelly, PLLC, Philip B. Cardi, Timothy M. Schulte, Denver, for Amici Curiae American Council of Engineering Companies of Colorado, The American Institute of Architects of Colorado, Structural Engineers Association of Colorado, and Colorado Association of Geotechnical Engineers.

Senn Visciano Kirschenbaum Merrick P.C., Mark D. Gruskin, Luis A. Toro, Denver, for Amici Curiae American Subcontractors Association, American Subcontractors Association of Colorado, and Colorado Contractors Association.

HOBBS, Justice.

We granted certiorari to review the court of appeals decision in Dufficy & Sons, Inc. v. BRW., Inc., 74 P.3d 380 (Colo.App.2002).1 Dufficy & Sons, Inc. ("Dufficy") was involved in a construction project ("the Project") as a subcontractor. BRW, Inc. ("BRW"), a licensed engineer, designed the plans and specifications for the Project. Dufficy's contract required it to follow...

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