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SHAMS v. HOWARD

No. 05CA1936.

165 P.3d 876 (2007)

Maziar SHAMS and Susan Shams, Plaintiffs-Appellees, v. David HOWARD, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 24, 2007.

Attorney(s) appearing for the Case

Allen & Vellone, P.C., Patrick D. Vellone, Jennifer E. Schlatter, Denver, Colorado, for Plaintiffs-Appellees.

Harris, Karstaedt, Jamison & Powers, P.C., James B. Powers, Mark A. Neider, Englewood, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

In this residential construction dispute over the arbitrability of warranty claims, defendant, David Howard, brings an interlocutory appeal from the trial court's order denying a motion to compel arbitration with plaintiffs, Maziar and Susan Shams. We conclude that the arbitration clause survived expiration of the warranty agreement and that the alleged construction defects arose under the construction...

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