Belfor USA v. Rocky Mtn. Caulking (Colo. App. 2006)
Decided August 10, 2006, the Court of Appeals reverses the trial court's remititur, basically allowing the claimaint to seek lost profits at the last minute. Belfor had hired Rocky Mountain to install caulking and waterproof coatings on 161 exterior decks of an apartment complex for a lump sum of $184,831. Rocky Mountain partially completed the work, and Belfor paid Rocky Mountain only $65,380. The parties then went to court, both alleging that the other had breached the contract.
