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TRICON KENT CO. v. LAFARGE NORTH AMERICA

No. 06CA0595.

186 P.3d 155 (2008)

TRICON KENT CO., Plaintiff-Appellee, v. LAFARGE NORTH AMERICA, INC.; Lafarge West, Inc.; and Safeco Insurance Co. of America, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

May 1, 2008.

Attorney(s) appearing for the Case

Berg, Hill, Greenleaf, & Ruscitti, LLP., Daniel M. Gross, Heidi C. Potter, Boulder, Colorado, for Plaintiff-Appellee.

Wells, Anderson, & Race, LLC, Larry S. McClung, Denver, Colorado, for Defendants-Appellees.

Preeo Silverman Green & Egle, P.C., Gilbert R. Egle, Denver, Colorado, for Amici Curiae American Subcontractors Ass'n, Inc. and American Subcontractors Ass'n of Colorado.

Opinion by Judge ROTHENBERG.

I. Background

In 2003 and 2004, Lafarge was the general contractor for a highway construction project in Douglas County, Colorado, involving the regrading and resurfacing of State Highways 83 and 86. The project was supervised by the Colorado Department of Transportation (CDOT), and Lafarge sought bids from subcontractors to perform the earthwork on the project. Tricon was the successful bidder, and in March 2004, the parties...

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