Sanford v. Kobey Brothers Construction Corp‪.‬

Opinion by JUDGE BERMAN Plaintiffs, Andrew M. and Olivia M. Sanford, appeal the judgment of the trial court holding defendant Kobey Brothers Construction Corp. (Kobey Brothers) liable to plaintiffs in the amount of $8,905.59 and holding co-defendant Harris Kobey not jointly or severally liable. We affirm in part, reverse in part, and remand with directions. Kobey Brothers constructed a home for the plaintiffs in the Cherry Hills North area of Englewood, Colorado. For various reasons, the foundation was incompatible with the soil, resulting in heaving and damage to the home. Plaintiffs sued both Harris Kobey and Kobey Brothers for negligent construction and breach of express and implied warranties. The trial court found no individual liability on the part of Harris Kobey, but found Kobey Brothers liable for damages arising from the negligent reduction of the void space between the foundation and interior basement walls, as well as from certain other work negligently performed. The trial court measured plaintiffs' damages by the cost to repair the injuries caused by the improperly reduced void space and other errors attributable to Kobey Brothers.