Chapter 7 - § 7.13 • SPLITTING CLAIMS

• Jurisdiction: Colorado

§ 7.13 • SPLITTING CLAIMS

The intertwining claims concept may apply to different parties. Sometimes, a plaintiff may assert claims arising out of the same events against two parties, one with whom it has an arbitration agreement and one with whom it does not. This is particularly common in construction project disputes. For example, a contractor may sue the owner, with whom it has a contract containing an arbitration clause, and the engineer, with whom it does not have a contract or arbitration agreement.

In Quist v. Specialty Supply Co.,²⁷⁹ decided under the CUAA, the purchaser of a new home damaged by fire from a fireplace recovered damages in arbitration against the builder/vendor. The court disallowed the compensatory damages recovered in the arbitration to also be recovered in the civil action against the installation contractor (standard law precluding double recovery for the same...