Regency Realty Investors, LLC v. Cleary Fire Protection, Inc.

Opinion by

Judge WEBB.

This case concerns the assignability of a claim under an attorney fees shifting clause in a subcontract between plaintiff, Williams Construction Corporation (the general contractor, who is not a party on appeal), and defendant-appellant, Cleary Fire Protection, Inc., (a subcontractor), an issue that is unresolved in Colorado. Because such a claim survives and the obligation does not involve trust, confidence, or personal services, we uphold the assignment from Williams to plaintiff-appellee, Regency Realty Investors, LLC (the owner of the property).

We agree with the trial…