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SHAW CONST., LLC v. UNITED BUILDER SERVICES

No. 11CA2351.

296 P.3d 145 (2012)

2012 COA 24

SHAW CONSTRUCTION, LLC, Third-Party Plaintiff-Petitioner, v. UNITED BUILDER SERVICES, INC.; and MB Roofing, Inc., Third-Party Defendants-Respondents.

Colorado Court of Appeals, Div. A.

February 2, 2012.

Attorney(s) appearing for the Case

Murphy Decker Hensen & Cook-Olson, P.C., C. Todd Drake , Michael J. Decker , Eric M. Kirby , Littleton, Colorado, for Third-Party Plaintiff-Petitioner.

Gifford Stevens, LLC, John H. Stevens , Amanda L. Tobey , Denver, Colorado, for Third-Party Defendant-Respondent United Builder Services, Inc.

Lasater & Martin, P.C., Janet B. Martin , Melissa Ogburn , Highlands Ranch , Colorado, for Third-Party Defendant-Respondent MB Roofing, Inc.

Opinion by Judge WEBB.

¶ 1 In this interlocutory appeal, we decide two questions of first impression under the Construction Defect Action Reform Act, sections 13-20-801, et seq., C.R.S.2011 ("CDARA"). First, section 13-20-805, C.R.S.2011 ("section 805"), tolls construction defect claims against only parties who receive actual notice of a claim. Second, in applying the statute of repose, section 13-80-104, C.R.S.2011 ("section 104"), to a multi-phase construction...

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