Case Dismissed – Whispering Pines

October 2009

Whispering Pines Townhomes Association, Inc., A Colorado Non-Profit Corporation, Plaintiff,
v.
Whispering Pines Company, Inc. F/K/A Whispering Pines Development Company, LLC, A Colorado Corporation; Whispering Pines Property Management, LLC, A Colorado Limited Liability Company; Patrick Alley A/K/A Pat Alley, An Individual; Marge Alley A/K/A Margaret Alley, An Individual; Clinton Alley A/K/A Clint Alley, An Individual; Heather Alley A/K/A Heather Harris, An Individual; Reynolds Knight Anderson, P.C. F/K/ Reynolds Eccher & Associates, P.C., A Dissolved Colorado Professional Services Corporation; Tracy L. Reynolds, An Individual; And Does 1-100, Defendants,
and
Whispering Pines Company, Inc. F/K/A Whispering Pines Development Company, LLC, A Colorado Corporation; Whispering Pines Property Management, LLC, A Colorado Limited Liability Company, Third-Party Plaintiffs and Cross-Claimants,
v.
Concrete Concepts, LLC, A Colorado Limited Liability Company, Concrete Connection Of Pagosa, Inc., A Colorado Corporation; Mastercraft Concrete Contracting, LLC, A Colorado Limited Liability Company; Atrium Door And Window Company Of The Rockies, A Colorado Corporation; Bridges Drywall And Construction, LLC, A Colorado Limited Liability Company; Colorado Roofing & Construction, LLC, Colorado Limited Liability Company; Ronald Charles Etz D/B/A Country Hearth & Home; Four Corners Roofing & Sheet-Metal, LLC, A Colorado Limited Liability Company; Hard Times Concrete, Inc., A Colorado Limited Liability Company; Mark Jehnzen, An Individual; Oldcastle Sw Group, Inc. D/B/A Four Corners Materials, A Colorado Corporation; Pagosa Masonry, LLC, A Colorado Limited Liability Company; Ross Enterprises, Inc., A Colorado Corporation; Troy Ross Construction, LLC, A Colorado Limited Liability Company; San Juan Insulation & Drywall, Inc., A Colorado Corporation; Smithco Enterprises, LLC, A Colorado Limited Liability Company; Snowy River Construction, LLC, A Colorado Limited Liability Company; Suburban Roofing, LLC, A Colorado Limited Liability Company, Corporation; Davis Engineering Services, Inc., A Colorado Corporation; Donahoe & Associates, Inc., A Colorado Corporation; Reynolds Knight Anderson, P.C., A Dissolved Colorado Professional Services Corporation; Tracy Reynolds, An Individual, And Civil Design Team, Inc., A Colorado Corporation, Third-Party Defendants And Cross-Claim Defendants
, Archuletta District Court, Civil Action 2007CV54.

Brian Waters represented a concrete supplier in a complex construction defect action related to the construction of a 59 unit townhome community. Claims against the client included negligence, breach of contract, contribution, breach of warranty, and indemnification. The claims were based on allegations of defective concrete, as well as defective installation and other related services. With a motion to dismiss the claims pending, which would have resulted in an award of attorney fees, Mr. Waters convinced the opposing party to voluntarily dismiss all claims against the client. No money was paid to the other side for this dismissal.

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