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JW CONST. CO., INC. v. ELLIOTT

No. 10CA0244.

253 P.3d 1265 (2011)

JW CONSTRUCTION COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, and Joseph Wodiuk, Third-Party Defendant-Appellant, v. Ryan K. ELLIOTT, a/k/a Ryan Elliott, and Christana R. Elliott, a/k/a Christana Elliott, Defendants and Third-Party Plaintiffs-Appellees.

Colorado Court of Appeals, Div. II.

March 17, 2011.

Attorney(s) appearing for the Case

Sherman & Howard, LLC, Bret R. Gunnell , Katherine D. Varholak , Matthew O. Stromquist , Denver, Colorado; Anderson, Dude, Bailey & Lebel, P.C., Steven P. Bailey , Colorado Springs, Colorado; for Plaintiff-Appellant and Third-Party Defendant-Appellant.

Pendleton, Friedberg, Wilson & Hennessey, P.C., Edward M. Allen , Denver, Colorado, for Defendants and Third-Party Plaintiffs-Appellees.

Opinion by Judge CASEBOLT.

This is a homeowner-builder dispute between defendants and third-party plaintiffs, Ryan K. Elliott and Christana R. Elliott, landowners who were building a custom home; plaintiff, JW Construction Co., Inc., their general contractor; and third-party defendant, Joseph Wodiuk, the president of JW. Wodiuk and JW appeal the judgment that found them liable for misrepresentation and concealment and imposed costs and attorney fees upon them for...

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