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Home My WebLink About2023CV30130 - City Of Fort Collins V. Directional Plus, Et Al. - 015 - Mastec's Motion Leave Amend AnswerDISTRICT COURT, LARIMER COUNTY, COLORADO Address: 201 LaPorte Ave., Ste. 100 Fort Collins, CO 80521 Plaintiff: CITY OF FORT COLLINS v. Defendants: DIRECTION PLUS, LLC, and MASTEC NORTH AMERICA, INC. Attorneys for Mastec North America, Inc. Ivan A. Sarkissian, #28817 Joseph F. Nistico, III, #49909 McConaughy & Sarkissian, P.C. 4725 S. Monaco Street, Suite 200 Denver, CO 80237 Telephone: (303) 649-0999 Facsimile: (303) 649-0990 isarkissian@mslawpc.com tnistico@mslawpc.com ▲COURT USE ONLY▲ Case Number: 2023CV30130 Division: 3B MASTEC NORTH AMERICA, INC.’S MOTION FOR LEAVE TO AMEND ANSWER TO COMPLAINT AND ASSERT CROSSCLAIMS AGAINST DIRECTIONAL PLUS, LLC Defendant, MasTec North America, Inc. (“MasTec”), by and through its attorneys, McConaughy & Sarkissian, Professional Corporation, hereby submits its Motion for Leave to Amend Answer to Complaint and Assert Crossclaims Against Directional Plus, LLC (the “Motion”) and, in support thereof, states as follows: 1. C.R.C.P. 121 § 1-15(8) CERTIFICATION OF CONFERRAL: Pursuant to C.R.C.P. 121, § 1-15, ¶ 8, undersigned counsel certifies that it made reasonable attempts to confer DATE FILED: July 24, 2023 4:51 PM FILING ID: E24B2256CC610 CASE NUMBER: 2023CV30130 2 with Defendant Directional Plus, LLC (“DP”) regarding the relief sought herein. However, when undersigned counsel attempted to reach counsel for DP by telephone, undersigned counsel was informed by DP’s counsel’s legal assistant that both Mr. Morse and Ms. Brink are out of office at a conference. At the time of this filing, undersigned counsel had yet to receive a response to email correspondence sent to counsel for DP. Given the nature of the relief sought herein, undersigned counsel assumes that DP is opposed to the Motion. 2. On February 17, 2023, Plaintiff City of Fort Collins (the “City”) filed its Complaint asserting claims against MasTec and DP for Civil Penalties Pursuant to C.R.S. § 9-1.5-104.5, Negligence, and Breach of Contract. 3. MasTec retained Directional Plus to excavate a boring hole near 943 Conifer Street, Fort Collins, Colorado (the “Subject Location”). 4. MasTec filed its Answer to the Complaint on April 5, 2023. 5. Based upon the allegations asserted in the Complaint, the City alleges defects arising out of the work and/or services performed by DP. Specifically, the City alleges that DP struck and punctured a water main owned by the City, which the City further alleges was due to DP failing to comply with statutory procedures for requesting the City to provide utility locations, as set forth in C.R.S. §§ 9-1.5-101, et seq., prior to commencing excavation of the boring hole at the Subject Location. 6. To the extent that the allegations made by the City are true, any and all damages incurred by the City were proximately caused by the work of DP. Likewise, pursuant to the terms of the MasTec’s Subcontract with DP, DP is obligated to indemnify and hold MasTec harmless for any claims arising out of its work at the Subject Location. 3 7. Pursuant to C.R.C.P. 13(g), “A pleading may state as a cross claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross claim may include a claim that the party against whom it is asserted is or may be liable to the cross claimant for all or part of a claim asserted in the action against the cross claimant.” 8. Under the Court’s Case Management Order (“CMO”), the deadline to amend pleadings is July 24, 2023. This deadline has not expired as of the time of this filing. 9. Given the procedural posture of this case and the timeliness of MasTec’s assertion of crossclaims against DP under the CMO, the proposed amendment and crossclaims against DP will not unfairly prejudice any party. 10. A copy of MasTec’s proposed Amended Answer and Crossclaims Against DP is attached hereto as Exhibit A. WHEREFORE, Defendant/Crossclaim Plaintiff, MasTec North America, Inc., respectfully requests that this Court grant its Motion for Leave to Amend Answer to Complaint and Assert Crossclaims Against Directional Plus, LLC and enter an Order reflecting the same and indicating that the Amended Answer and Crossclaims Against Directional Plus, LLC is deemed accepted and filed as of the date of this Court’s Order and for any other and further relief deemed appropriate. Dated this 24th day of July, 2023. 4 Respectfully submitted, McCONAUGHY & SARKISSIAN Professional Corporation SIGNATURE ON FILE WITH MCCONAUGHY & SARKISSIAN, P.C. By: /s/ Joseph F. Nistico, III Ivan A. Sarkissian, #28817 Joseph F. Nistico, III, #49909 Attorneys for Mastec North America, Inc. CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2023, a true and correct copy of the foregoing MASTEC NORTH AMERICA, INC.’S MOTION FOR LEAVE TO AMEND ANSWER TO COMPLAINT AND ASSERT CROSSCLAIMS AGAINST DIRECTIONAL PLUS, LLC was filed with the Court and served via CCEF and addressed to all active counsel of record on CCEF’s service list. /s/ Sabrina Cooper SIGNATURE ON FILE WITH MCCONAUGHY & SARKISSIAN, P.C.