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DENNY CONST., INC. v. CITY AND COUNTY OF DENVER

No. 07SC236.

199 P.3d 742 (2009)

DENNY CONSTRUCTION, INC., a Colorado corporation, Petitioner v. CITY AND COUNTY OF DENVER, Colorado, acting through its BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 12, 2009.

Attorney(s) appearing for the Case

Peterson Dymond Reagor, LLP, David D. Schlachter, Douglas W. Colville, Ashley R. Chagnon, Greenwood Village, Colorado, Attorneys for Petitioner.

Patricia L. Wells, Gail J. Rosenchein, Kristi K. Riegle, Daniel J. Arnold, Denver, Colorado, Attorneys for Respondent.

John Suthers, Attorney General, Friedrick C. Haines, First Assistant Attorney General, William V. Allen, Assistant Attorney General, Skippere S. Spear, Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae the State of Colorado.

Rachel L. Allen, Denver, Colorado, Attorney for Amicus Curiae the Colorado Municipal League.

Justice EID delivered the Opinion of the Court.

In this action for breach of contract, we are asked to determine whether a construction contractor may recover lost profit damages from the breaching party that are attributable to impaired bonding capacity. Petitioner, Denny Construction Inc. ("Denny"), and Respondent, the City and County of Denver acting through its Board of Water Commissioners (the "Board"), brought breach of contract claims against each other after...

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