Yale v. AC Excavating, Inc.

T 1 In this case, we address whether funds received by a limited liability company from one of its members to capitalize the company must be held in trust for the payment of subcontractors, laborers, and material suppliers under Colorado's construction trust fund statute, section 38-22-127, CRS. (2012). We conclude that the LLC member's voluntary injection of capital into the company in this case did not constitute "funds disbursed to [a] contractor ... on [a] construction project" under section 38-22-127(1), CRS. (2012), and, therefore, such money was not required to be held in trust under…