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DCB Construction Co., Inc. v. Central City Development Co.

Date: 09-14-1998

Case Number: 96-SC-672

Judge: Kenneth E. Barnhill

Court: District Court, Gilpin County, Colorado

Plaintiff's Attorney: Jean E. Dubofsky, Boulder, Colorado, and Gehler & Merrigan, Commerce City, Colorado, by Thomas E. Merrigan

Defendant's Attorney: George A. Holley and Thomas Walsh of Holley, Albertson & Polk, P.C., Golden, Colorado

Description:

Unjust Enrichment - Plaintiff completed improvements under a contract made with Defendant's tenant. After tenant defaulted on contract with Plaintiff, Plaintiff brought suit against Defendant for unjust enrichment alleging that Defendant received the benefit of the improvements on the property. Trial court ruled that Defendant was unjustly enriched by the improvements.

Outcome:

Jury verdict for plaintiff for $33,391.00.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Colorado Court of Appeals, 940 P. 2d 958 (Colo. App. 1996) reversed the award of damages stating that in the absence of mistake, fraud or duress, or other improper conduct, any enrichment received by Defendant was not unjust. The Colorado Supreme Court affirmed at 965 P. 2d 115 (Colo. 1998). The date shown above is the date of the supreme court decision and not the trial date. T.G.

About This Case

What was the outcome of DCB Construction Co., Inc. v. Central City Development Co.?

The outcome was: Jury verdict for plaintiff for $33,391.00.

Which court heard DCB Construction Co., Inc. v. Central City Development Co.?

This case was heard in District Court, Gilpin County, Colorado, CO. The presiding judge was Kenneth E. Barnhill.

Who were the attorneys in DCB Construction Co., Inc. v. Central City Development Co.?

Plaintiff's attorney: Jean E. Dubofsky, Boulder, Colorado, and Gehler & Merrigan, Commerce City, Colorado, by Thomas E. Merrigan. Defendant's attorney: George A. Holley and Thomas Walsh of Holley, Albertson & Polk, P.C., Golden, Colorado.

When was DCB Construction Co., Inc. v. Central City Development Co. decided?

This case was decided on September 14, 1998.