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REGENCY REALTY v. CLEARY FIRE

No. 08CA1650.

260 P.3d 1 (2009)

REGENCY REALTY INVESTORS, LLC, Plaintiff-Appellee, v. CLEARY FIRE PROTECTION, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Dismissed March 18, 2010.

Attorney(s) appearing for the Case

Faegre & Benson, LLP, Janet L. McDaniel , Brandee L. Caswell , Denver, Colorado, for Plaintiff-Appellee.

Hall & Evans, L.L.C., Alan Epstein , Denver, Colorado; Overturf McGath Hull & Doherty, P.C., Peter H. Doherty , Elizabeth J. Larson , Denver, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

This case concerns the assignability of a claim under an attorney fees shifting clause in a subcontract between plaintiff, Williams Construction Corporation (the general contractor, who is not a party on appeal), and defendant-appellant, Cleary Fire Protection, Inc., (a subcontractor), an issue that is unresolved in Colorado. Because such a claim survives and the obligation does not involve trust, confidence, or personal services, we uphold...

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