Ralph L. Wadsworth Construction Co. v. Regional Rail Partners.

2026 CO 19. No. 24SC537. Colorado Public Works Act—Construction Law—Statutory Interpretation.

April 6, 2026

In this case arising from a subcontractor’s filing of a verified statement of claim under the Colorado Public Works Act (the Act), the supreme court granted certiorari to consider whether (1) disputed or unliquidated amounts, including delay and disruption damages, may lawfully be included in a verified statement of claim; and (2) a party who files an excessive claim forfeits all its legal rights and remedies for the amount claimed or only its statutory rights and remedies under the Act.

The court concluded that disputed or unliquidated amounts may lawfully be included in a verified statement of claim, provided that the amounts otherwise fall within the statutory constraints of the Act. Further, on the facts presented here, the court concluded the trial court did not err in finding that the subcontractor’s verified statement of claim was not excessive. Finally, the court concluded that a claimant who files an excessive claim forfeits only the statutory rights and remedies created by the Act and not all rights and remedies otherwise available at law.

Accordingly, the court reversed the judgment of the court of appeals division below and remanded this case to the division to allow it to address the issues that it did not previously address in the cross-appeal.