By Zelda Montoya | Published April 21, 2022 | Posted in Uncategorized | Comments Off on Electrical Subcontractor’s Claim Short-Circuited by Executed Final Waiver and Release of Claims
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⟩ Electrical Subcontractor’s Claim Short-Circuited by Executed Final Waiver and Release of Claims
An electrical subcontractor performed work on a government project. When the project was complete it executed a Final Waiver and Release of Claims in exchange for final payment from the general contractor. The Final Release waived and released “any claims for payment against [the contractor] . . . which might accrue under either state or Read More
Read MoreOwner of Restoration Contractor Absconds with Contract Funds: Personally Liable for Treble Damages and Attorney’s Fees for Trust Fund Violation
A mechanical contractor subcontracted with a restoration contractor to replace air handling units damaged by hail. Although the owner paid the restoration contractor in full, it failed to pay the mechanical subcontractor any amount. The mechanical contractor obtained a Judgment against the restoration contractor for breach of contract but could not collect any amount because Read More
Read MoreBorrower and its Principals Learn $1.8M Lesson that Contractual Covenants and Warranties Mean Something
On October 6, 2021, Murray Weiner obtained a $1.8 million arbitration award against a corporate borrower and its principals on a promissory note, jointly and severally. The corporate entity and its principals agreed and warranted in the loan documents that the borrowed funds would only be used for specific identified purposes. The money was not Read More
Read More“Where is our House?”: Wrongfully Terminated Home Builder Awarded Damages in Arbitration
A home builder contracted to build a custom home for a couple for a fixed price. Unfortunately, the construction of the home was anything but a dream. After a series of events for which the customers blamed the builder, they terminated the contract for default. Although the customers were actively involved with the construction of Read More
Read MoreImprudent Post-Judgment Intervention by Foreign Spouse of Judgment Debtor Results in Charging Order against “Her” Ownership Interest in Limited Liability Company
In June, 2018, Murray I. Weiner obtained a judgment exceeding $550,000 against a member of a Limited Liability Company who the Court found had stolen money from the LLC. To further his scheme, the judgment debtor had placed his membership interest in the LLC in his wife’s name. After the judgment was entered, to avoid Read More
Read MoreIt’s Time to Put a “Governor” Back in Our Discourse ©2021 Murray I. Weiner; Colorado Lawyer, Vol. 50, No. 3 (March, 2021)
Older cars used to have a “governor” that prohibited them from reaching excessive speed. Newer cars no longer use this device to control engine speed. Likewise, the “governors” that used to limit discourse in our legal system to what is civil, rational, and reasonable are also gone, or are largely being ignored. These governors serve Read More
Read MoreUPDATE: Scheming Real Estate Broker Denied Multi-Million Dollar Commission Because of Lack of Enforceable Agreement
December 10, 2020- Seeing an opportunity, a scheming real estate broker claimed he was entitled to a multi-million-dollar commission after a company contracted with a landowner to construct a large retail facility in Colorado Springs. The broker did so despite not having made the proper disclosures to either party as required by Colorado law. The Read More
Read MoreUPDATE: Colorado Supreme Court Upholds Limited Liability Company Protections
On Monday, October 26, 2020, the Colorado Supreme Court affirmed the decision of the Colorado Court of Appeals in Dill v. Rembrandt Group, Inc. and Pikes Peak Acquisitions, LLC, Colorado Court of Appeals, 2020COA69 (April 16, 2020). Murray Weiner of the firm represented Pikes Peak Acquisitions, LLC. The Court of Appeals held that Pikes Peak Read More
Read MoreUPDATE: Colorado Supreme Court Affirms Court Ruling of Colorado Springs Church Represented by Mulliken Weiner Berg & Jolivet, P.C.
On Monday, October 26, 2020, the Colorado Supreme Court affirmed the decision of the Colorado Court of Appeals in favor of a Colorado Springs Church represented by Murray Weiner. Mr. Weiner successfully defeated the claims of the international denomination to ownership and control of the local church’s building and other property at the trial court, Read More
Read MoreOctober, 2020- Concrete Contractor Gets Stuck: Not Entitled to Payment for Defective Work
A residential sidewalk replacement project went bad after the concrete contractor replaced a sidewalk several inches higher than the adjacent, existing brick paver patio. This created a “swimming pool” in the front of the home and a tripping hazard. Although the contractor attempted to raise the bricks next to the new sidewalk, its inexperienced workers Read More
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