Legal Opinion

Shams v. Howard

Colorado Court of Appeals

Decided February 8, 2007No. 05CA1936PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge WEBB.

In this residential construction dispute over the arbitrability of warranty claims, defendant, David Howard, brings an interlocutory appeal from the trial court's order denying a motion to compel arbitration with plaintiffs, Maziar and Susan Shams. We conclude that the arbitration clause survived expiration of the warranty agreement and that the alleged construction defects arose under the construction contract at issue. Therefore, we reverse and remand for entry of an order compelling arbitration.

L. Facts

The background facts are undisputed. Meadow View Custom Homes, LLC…

2Cases cited16 opinions

  1. Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
  2. Radiology Professional Corp. v. Trinidad Area Health Ass'nSupreme Court of Colorado · 1978
  3. A.C. Excavating v. Yacht Club II Homeowners Ass'nSupreme Court of Colorado · 2005
  4. City & County of Denver v. District Court Ex Rel. City & County of DenverSupreme Court of Colorado · 1997
  5. Allen v. PachecoSupreme Court of Colorado · 2003

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3Cited by8 opinions

  1. Baltimore County Fraternal Order of Police Lodge No. 4 v. Baltimore CountyCourt of Appeals of Maryland · 2012
  2. Regency Realty Investors, LLC v. Cleary Fire Protection, Inc.Colorado Court of Appeals · 2010
  3. In Re Estate of HopeColorado Court of Appeals · 2007
  4. Sinclair Transportation Co. v. SandbergColorado Court of Appeals · 2014
  5. Smith v. Multi-Financial Securities Corp.Colorado Court of Appeals · 2007

3 more not listed; retrieve them via the Exa API.

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