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CLPF-PARKRIDGE ONE v. HARWELL INVEST.

No. 04SA182.

105 P.3d 658 (2005)

In Re: Plaintiff: CLPF-PARKRIDGE ONE, L.P., a Delaware limited partnership, f/k/a Clarion Lion Properties Fund — Parkridge One, LLC, a Delaware limited liability company, v. Defendants: HARWELL INVESTMENTS, INC., f/k/a Denver Architectural Precast, a Colorado corporation; and FDG, Inc., a Colorado corporation.

Supreme Court of Colorado, En Banc.

January 31, 2005.

Attorney(s) appearing for the Case

Pryor, Johnson, Montoya, Carney & Karr, P.C., Michael S. Drew, Kevin P. Ahearn, Greenwood Village, for Defendant Harwell Investments, Inc., f/k/a Denver Architectural Precast.

Kutak Rock LLP, Ira J. Bornstein, Mark C. Willis, Denver, for Defendant FDG, Inc.

HOBBS, Justice.

In this original proceeding under C.A.R. 21, we hold that section 13-80-104(1)(b)(II), C.R.S. (2004) does not bar cross-claims and third-party claims for indemnity or contribution in construction defect lawsuits; rather, this section also allows indemnity or contribution claims to be brought by a separate lawsuit but no later than ninety days after termination of the construction defect lawsuit.1 Based on statutory and...

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