Opinion
Civil Case No. 07-cv-01355-LTB-MJW.
January 28, 2011
ORDER
Whether Colorado has or would adopt the four-part test for a "total cost claim" as referenced in City of Westminster v. Centric-Jones Constructors, 100 P.3d 472, 479 (Colo. App. 2003) is the privotal question raised by Defendants Renewed Motion for Judgment as a Matter of Law. Resolution of this question drives not only ruling on the Renewed Motion for Judgment as a Matter of Law but also on the motions of the Plaintiff and Intervenor Plaintiff for additional post-trial relief in the form of prejudgment interest, costs, and attorney fees. The question then is whether this issue should be certified to the Colorado Supreme Court for its answer. Preliminary statements by counsel as to such certification may be helpful to the Court.
Accordingly,
IT IS ORDERED that the parties will file their preliminary statements concerning certification of this question to the Colorado Supreme Court on or before Friday, February 28, 2011.
DATED: January 28, 2011