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BFN-GREELEY, LLC v. ADAIR GROUP, INC.

No. 04CA1824.

141 P.3d 937 (2006)

BFN-GREELEY, LLC, a Colorado limited liability company; BFN-Loveland, LLC, a Colorado limited liability company; and John S. Buckley, Jr., Plaintiffs-Appellants, v. ADAIR GROUP, INC., a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Denied August 28, 2006.

Attorney(s) appearing for the Case

Madden & Madden, John W. Madden, III, John W. Madden, IV, Denver, Colorado, for Plaintiffs-Appellants.

The Hustead Law Firm, Patrick Q. Hustead, John D. Mereness, Denver, Colorado; Fairfield & Woods, P.C., John M. Tanner, Emanuel N. Anton, Denver, Colorado, for Defendant-Appellee.

Smart & Associates P.C., Thomas D. Smart, Jr., Denver, Colorado, for Amicus Curiae TRI Acceptance Corporation, f/k/a TRI Capital Corporation.

ROMÁN, J.

Plaintiffs, BFN-Greeley, LLC, BFN-Loveland, LLC, and John S. Buckley, Jr., (collectively, BFN), appeal the district court's order denying their motion to vacate an arbitration award and confirming the award in favor of Adair Group, Inc. (Adair). We affirm in part, vacate in part, and remand.

Adair constructed two apartment complexes for BFN in Greeley and Loveland. The construction agreement consisted of the signed contract (Contract) and, by...

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