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DENNY CONST. v. CITY AND COUNTY OF DENVER

No. 05CA1535.

170 P.3d 733 (2007)

DENNY CONSTRUCTION, INC., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. CITY AND COUNTY OF DENVER, Colorado, acting by and through its BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Colorado, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

Certiorari Granted November 26, 2007.

Attorney(s) appearing for the Case

Peterson Dymond Reagor, LLP, David D. Schlachter, Douglas W. Colville, Ashley R. Chagnon, Greenwood Village, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Board of Water Commissioners, Patricia L. Wells, Gail J. Rosenschein, Kristi K. Riegle, Daniel J. Arnold, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge J. JONES.

The City and County of Denver, acting through its Board of Water Commissioners (Denver Water), appeals a judgment entered on a jury verdict awarding damages in favor of Denny Construction, Inc. (Denny) on Denny's claim for breach of contract. Denny cross-appeals the trial court's order denying its request for costs. We reverse the award of damages for lost profits, but otherwise affirm the judgment. We further affirm the trial court's order...

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