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HEIGHTS HEALTHCARE CO. v. BCER ENGINEERING

Court of Appeals No. 21CA0906.

534 P.3d 939 (2023)

2023 COA 44

HEIGHTS HEALTHCARE COMPANY, LLC, d/b/a The Peaks Care Center, a Tennessee limited liability company, Plaintiff-Appellant and Cross-Appellee, v. BCER ENGINEERING, INC., a Colorado limited liability company, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

Announced May 25, 2023.

Attorney(s) appearing for the Case

Chipman Glasser, LLC, David S. Chipman , Mark T. Barnes , Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee

Lewis Brisbois Bisgaard & Smith LLP, Adam B. Wiens , Sara H. Kiridly , Denver, Colorado, for Defendant-Appellee and Cross-Appellant.

¶ 1 In this construction defect case, plaintiff, Heights Healthcare Company, LLC (Heights Healthcare), appeals the trial court's pretrial order pursuant to C.R.C.P. 56(h) determining that the limitation of liability in its contract with defendant, BCER Engineering, Inc. (BCER), is valid and enforceable. BCER cross...

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