Dismissal – Morgan’s Run

September 2016

Morgan’s Run, Inc. And C&D Management, Inc. v. Alpha Roofing, LLC, A Smith Construction, Inc.; Alliance Roofing, Inc.; Braun & Yoshida Architects P.C.; BMC West Corporation; Brown Brothers Contracting, Inc.; Bryan Miller Company; Colorado Custom Painting, Inc.; Solstice Holdings, Inc., d/b/a Colorado Seamless Gutter & Sheet metal, Inc.; Colorado Geoscience and Design Inc.; Colorado Pipe & Concrete; DHM Design Corporation; Eagle Concrete Corporation; Excel Custom Dry Wall, Inc.; E Z Cleaning & Painting, Inc.; Falcon Concrete, Inc.; Falcon Forming, Inc.; Frank’s Finish Grading, Inc.; Guevara Masonry, Inc.; Acme Brick Company; High Country Engineering, Inc.; Home Lumber And Supply Company; Ideal Electric Inc.; J&R Drains, Inc.; Johnson Diversified, Inc.; K Creek Construction, Inc.; Kiowa Seeding & Reclamation Inc.; Mai Mechanical Corp.; Metro Air Conditioning, LLC; MK Plumbing and Heating, Inc.; Neujahr & Gorman, Inc.; Roka Mechanical, LLC; Sakota Builders, Inc.; Scott Free Plumbing, Inc.; Schmidt Construction Company; South Valley Dry Wall, Inc.; Strathmore Homes, Inc.; Stremick Construction, Inc.; Suter Pipeline Construction, Inc.; T&M Plastering Contractors, Inc.; The Strongest Tower Of Construction, LLC; Superior Image Construction, Inc. Tomco Drywall; Tennant Roofing, Inc.; T.B.L. Excavating, Inc.; Ultimate Services, Inc.; Unique Landscapes & Gardens, Inc.; United Subconttractors, Inc. D/B/A Usi Herblan Insulation; Varela Construction; Versatile Painting, LLC; Y&X Construction, Inc.

Civil Action 15CV30516, Douglas County District Court.

This matter involved a 225 unit residential townhome community located in Douglas County, Colorado. The HOA won an arbitration award for construction defects against the general contractor in the amount of $13,214,650, plus $173,500 in costs and an additional $483,000 in attorney fees. The general contractor sued its subcontractors, including Mai Mechanical Corp. for the alleged construction defect damages. Brian Waters achieved a dismissal of his client Mai Mechanical Corp. without payment.

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