YALE v. AC EXCAVATING, INC.

Supreme Court Case No. 10SC709.

295 P.3d 470 (2013)

2013 CO 10

Donald A. YALE, Petitioner v. AC EXCAVATING, INC., a Colorado Corporation, Respondent.

Supreme Court of Colorado.

February 4, 2013.


Attorney(s) appearing for the Case

Attorneys for Petitioner: Ireland Stapleton Pryor & Pascoe, PC, Timothy G. Atkinson , Kelley B. Duke , Denver, Colorado.

Attorneys for Respondent: Craig D. Johnson & Associates, P.C., Henry A. Sand , Craig D. Johnson , Broomfield, Colorado.

Attorneys for Amicus Curiae Colorado Association of Home Builders: Holley, Albertson & Polk, P.C., Dennis B. Polk , Melissa R. Liff , Golden, Colorado.

En Banc


JUSTICE MÁRQUEZ delivered the Opinion of the Court.

¶ 1 In this case, we address whether funds received by a limited liability company from one of its members to capitalize the company must be held in trust for the payment of subcontractors, laborers, and material suppliers under Colorado's construction trust fund statute, section 38-22-127, C.R.S. (2012). We conclude that the LLC member's voluntary injection of capital into the company in this case did...

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