Highline Village Associates v. Hersh Companies

Opinion by

Judge CRISWELL.

Plaintiffs, Highline Village Associates and Greensview Associates, appeal from the summary judgment dismissing their claims for breach of contract and breach of express warrantyj arising from two substantially identical contracts with defendant, Hersh Companies Inc., to repaint the exteriors of two large apartment complexes owned by plaintiffs. The judgment of dismissal was based upon the trial court’s conclusion that the contractors’ statute of limitations, § 13-80-104, C.R.S.1999, barred the assertion of those claims. Because we conclude that there exists a genuine…