Builders win asbestos cleanup damages
By John Rebchook, Rocky Mountain News (Contact)
Published March 18, 2008 at 12:05 a.m.
Denver-based Brownstein Hyatt Farber Shreck recently won $6.4 million on behalf of Richmond American Homes of Colorado and other builders regarding asbestos claims at Lowry.
The U.S. Court of Federal Claims ruled against the U.S. Air Force for reimbursement of costs incurred to clean asbestos in the soil at Lowry.
According to the law firm, it marks the first time in an environmental cleanup case that the court awarded indirect damages known as "unabsorbed overhead," which are losses the home builders incurred as a result of delays in their construction schedule caused by the contamination.
In addition to Richmond, which is owned by MDC Holdings, other clients who were party to the lawsuit included Metropolitan Development, Metropolitan Builders Inc., Standard Pacific of Colorado Inc. and Touchstone Homes.
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