The Colorado Supreme Court issued a published opinion on February 9, 2015 on the Economic Loss Rule establishing new case law that commercial parties, including banking entities, must follow contracts in a construction project to enforce the parties expectations. In this case, the Trial Court and the Colorado Court of Appeals had allowed banking entities to bring a third party claim against the design professionals who did not have a contract with the banking entities. The Colorado Supreme Court determined that the parties in interrelated contracts must use the contracts to enforce their rights. Echo Ryan and John Riley made the arguments to the Trial Court, the Appellate Courts and in Oral Argument.
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All of us at Montgomery Little & Soran wish you happy holidays and a healthy…