RIVA RIDGE APARTMENTS, a Colorado limited partnership, American Development Corporation, a California corporation, Plaintiffs-Appellees and Cross-Appellants, v. ROBERT G. FISHER COMPANY, INC., a California corporation, d/b/a Fischer/CM, and the American Insurance Company, a New Jersey corporation, Defendants-Appellants and Cross-Appellees, 745 P.2d 1034

Summary

When delays and problems were encountered in a building project, a partnership's successor discharged the construction manager and demanded that the surety complete the work, but it refused. The successor argued that such refusal amounted to outrageous conduct warranting punitive damages. The manager and surety complained that the trial court was biased against them, as shown by numerous rulings and comments. The court held that allegations of willful and wanton misconduct by the surety sufficiently stated a punitive damages claim under Colo. Rev. Stat. § 13-21-102. Although some rulings by the trial court were erroneous and inconsistent, the record failed to show prejudice or bias. Under the performance bond the surety was jointly liable with the manager for delay damages, but only up to the limit of its contractual liability. Interest on the entire judgment was improperly awarded from the date of the manager's discharge because under Colo. Rev. Stat. § 5-12-102(2) interest was only ...