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TAYLOR MORRISON OF COLO. v. TERRACON

Court of Appeals No. 15CA1030.

410 P.3d 767 (2017)

2017 COA 64

TAYLOR MORRISON OF COLORADO, INC., f/k/a Morrison Homes of Colorado, Inc., Plaintiff-Appellant and Cross-Appellee, v. TERRACON CONSULTANTS, INC., Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. V.

Announced May 18, 2017.

Attorney(s) appearing for the Case

Snell & Wilmer L.L.P., Michael E. Lindsay , Jessica E. Yates , Bethany Gorlin , Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

McDowell, Rice, Smith, & Buchanan, P.C., Thomas R. Buchanan , Jason L. Buchanan , Linda C. McFee , Kansas City, Missouri, for Defendant-Appellee and Cross-Appellant.

¶ 1 This case requires us to address for the first time how a trial court should adjust a jury verdict awarding damages for breach of contract when there is both a setoff for the amount recovered from other liable parties and a contractual limitation on a defendant's liability.1 We...

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