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Construction
10 min read
Areas of Expertise :
Structural Engineering, Concrete, Construction Defect, Construction Claims, Property Insurance
Published Date:
Last Modified Date:
Jurisdiction:
Federal. District of Colorado
Curtis Park Group, LLC v. Allied World Specialty Insurance Company, 124 F.4th 826 (10th Cir. 2024), involved a builder’s risk insurance dispute over excessive deflection in a concrete podium slab at the S*Park mixed-use development in Denver, Colorado. Curtis Park Group, the developer and sole named insured under the Allied World policy, discovered the sagging slab during construction in December 2017. Structural investigations identified variations in slab thickness, reinforcing steel positioned lower than designed, and sections of concrete that were thinner than specified. MW Residential LLC, doing business as Milender White, served as the general contractor and carried out the repair work.
Curtis Park sought insurance benefits for the slab repairs and costs associated with construction delays. Allied World denied coverage, and Curtis Park later filed suit in the U.S. District Court for the District of Colorado for breach of contract, statutory bad faith, and common-law bad faith. The case proceeded to a federal jury trial and then to the U.S. Court of Appeals for the Tenth Circuit. After the appellate court reversed the hard-cost ruling, vacated the remainder of the judgment, and remanded the remaining claims for a new trial, the parties settled in 2025.
Construction began on S*Park, a mixed-use development in Denver made up of five commercial and residential buildings with below-grade parking. Four of the five buildings were supported by the concrete podium slab. Curtis Park retained Milender White as the general contractor. Milender White subcontracted the concrete work to All Phase Concrete, which used Harris Rebar for reinforcing steel installation.
During construction, excessive deflection was discovered in the concrete podium slab supporting much of the development. Curtis Park retained J.R. Harris & Company Structural Engineers to investigate the condition and evaluate possible repairs. The investigation identified variations in slab thickness, reinforcing steel located lower than designed, and sections of concrete that were thinner than specified. Curtis Park rejected the slab as deficient and nonconforming work.
Milender White performed repairs that included strengthening the slab with carbon fiber. The slab repair costs were calculated at $2,857,157.78 for purposes of Curtis Park’s insurance claim. Under the construction arrangement, Milender White initially fronted the costs of the repair work.
Curtis Park notified Allied World of its builder’s risk claim in March 2018. The developer sought $2,857,157.78 in hard costs related to the slab repairs and $986,391.59 in soft costs associated with construction delays. Curtis Park was the sole named insured under the policy, while Milender White and the subcontractors were not named insureds.
Allied World delegated claim-handling functions to Network Adjusters, which assigned McLarens as the field adjuster. Allied World also retained engineers and other experts as part of its investigation into the cause of the loss. Their work examined the slab dimensions, reinforcing steel placement, and possible causes of the excessive deflection.
Allied World denied the claim in August 2019. The insurer concluded that the slab deflection resulted from construction deficiencies, including reinforcing steel positioned too low and concrete that was thinner than specified in several locations. Allied World relied on the policy’s Defects, Errors, and Omissions exclusion in denying coverage.
During the later litigation, Allied World obtained a J.R. Harris report concerning the cause of the slab deflection through a third-party subpoena. Allied World maintained that Curtis Park had not disclosed the full report when it initially submitted its claim and later asserted a coverage position based on the policy provision concerning willful misrepresentation or concealment.
After the coverage denial, Curtis Park and Milender White entered into a Close-Out Agreement addressing their financial relationship and the planned litigation against Allied World. They agreed to cooperate in pursuing the insurance claim, share litigation expenses, and divide any net recovery. Under the agreement, 62.2% of the net recovery would go to Milender White and 37.8% to Curtis Park.
The agreement also provided that Curtis Park would not be required to reimburse Milender White for the slab repair costs if the insurance lawsuit was unsuccessful.
Curtis Park sued Allied World in litigation that proceeded in the U.S. District Court for the District of Colorado. The complaint asserted claims for breach of contract, statutory bad faith, and common-law bad faith. During discovery, Allied World obtained additional information about the Close-Out Agreement and the J.R. Harris report.
Before trial, Allied World argued that Curtis Park could not recover hard costs that Milender White had paid or absorbed. The district court rejected that position and allowed Curtis Park to present those amounts to the jury as part of its claimed damages.
A seven-day jury trial began on March 27, 2023. The evidence covered the condition of the concrete podium slab, damage to other portions of the development, repair and delay expenses, Allied World’s claim investigation, and its denial of coverage. Curtis Park presented engineering expert Edward Fronapfel and construction cost expert William McConnell.
Fronapfel testified about the relationship between the podium slab condition and deformation observed in building components above it, including wood framing and finishes. McConnell addressed repair and restoration expenses, construction costs, removal work, and delay-related losses.
On April 4, 2023, the jury returned a verdict for Curtis Park on its breach-of-contract and statutory bad-faith claims but rejected the common-law bad-faith claim. It awarded $1,504,827 in repair and replacement costs, $986,391 in replacement damages, and $50,000 in general administration expenses. For purposes of the statutory bad-faith claim, the jury found that Allied World had improperly denied $2,541,218 in benefits. Those findings were later affected by the Tenth Circuit’s decision vacating the remainder of the judgment.
After the verdict, Allied World renewed its request for judgment as a matter of law and moved for a new trial. The insurer continued to challenge Curtis Park’s ability to recover amounts that had been paid or absorbed by Milender White and other contractors. U.S. District Judge Charlotte N. Sweeney denied both motions on August 31, 2023.
Allied World then appealed to the U.S. Court of Appeals for the Tenth Circuit. The appeal included challenges to the treatment of the claimed hard costs and other parts of the district court judgment.
The Tenth Circuit concluded that Curtis Park could not recover the claimed $2,857,157.78 in hard repair costs because Curtis Park had neither paid those expenses nor become obligated to reimburse Milender White for them. Milender White had borne the repair costs, and the Close-Out Agreement provided that Curtis Park would not have to reimburse Milender White if the insurance litigation failed. The jury had awarded $1,504,827 in repair and replacement damages at trial.
The appellate court directed the district court to enter judgment for Allied World on the hard-cost claim. It also vacated the remainder of the judgment because the district court’s treatment of the hard costs potentially affected other issues decided at trial. The remaining claims were remanded for a new trial.
After the case returned to the District of Colorado, Curtis Park and Allied World notified the court that they had reached a settlement. The new trial ordered on remand did not take place. On August 22, 2025, the federal action was dismissed with prejudice, ending the litigation.
Court:
United States District Court for the District of Colorado
Case Name:
Curtis Park Group, LLC v. Allied World Specialty Insurance Company
Builders Risk Insurance
Insurance Coverage
Insurance Claims
Contract Disputes Bad Faith
Construction Engineering
Structural Damage
Damages Calculations
Curtis Park Group, LLC v. Allied World Specialty Insurance Company, 124 F.4th 826 (10th Cir. 2024), involved a builder’s risk insurance dispute over excessive deflection in a concrete podium slab at the S*Park mixed-use development in Denver, Colorado. Curtis Park Group, the developer and sole named insured under the Allied World policy, discovered the sagging slab during construction in December 2017. Structural investigations identified variations in slab thickness, reinforcing steel positioned lower than designed, and sections of concrete that were thinner than specified. MW Residential LLC, doing business as Milender White, served as the general contractor and carried out the repair work.
Curtis Park sought insurance benefits for the slab repairs and costs associated with construction delays. Allied World denied coverage, and Curtis Park later filed suit in the U.S. District Court for the District of Colorado for breach of contract, statutory bad faith, and common-law bad faith. The case proceeded to a federal jury trial and then to the U.S. Court of Appeals for the Tenth Circuit. After the appellate court reversed the hard-cost ruling, vacated the remainder of the judgment, and remanded the remaining claims for a new trial, the parties settled in 2025.
Construction began on S*Park, a mixed-use development in Denver made up of five commercial and residential buildings with below-grade parking. Four of the five buildings were supported by the concrete podium slab. Curtis Park retained Milender White as the general contractor. Milender White subcontracted the concrete work to All Phase Concrete, which used Harris Rebar for reinforcing steel installation.
During construction, excessive deflection was discovered in the concrete podium slab supporting much of the development. Curtis Park retained J.R. Harris & Company Structural Engineers to investigate the condition and evaluate possible repairs. The investigation identified variations in slab thickness, reinforcing steel located lower than designed, and sections of concrete that were thinner than specified. Curtis Park rejected the slab as deficient and nonconforming work.
Milender White performed repairs that included strengthening the slab with carbon fiber. The slab repair costs were calculated at $2,857,157.78 for purposes of Curtis Park’s insurance claim. Under the construction arrangement, Milender White initially fronted the costs of the repair work.
Curtis Park notified Allied World of its builder’s risk claim in March 2018. The developer sought $2,857,157.78 in hard costs related to the slab repairs and $986,391.59 in soft costs associated with construction delays. Curtis Park was the sole named insured under the policy, while Milender White and the subcontractors were not named insureds.
Allied World delegated claim-handling functions to Network Adjusters, which assigned McLarens as the field adjuster. Allied World also retained engineers and other experts as part of its investigation into the cause of the loss. Their work examined the slab dimensions, reinforcing steel placement, and possible causes of the excessive deflection.
Allied World denied the claim in August 2019. The insurer concluded that the slab deflection resulted from construction deficiencies, including reinforcing steel positioned too low and concrete that was thinner than specified in several locations. Allied World relied on the policy’s Defects, Errors, and Omissions exclusion in denying coverage.
During the later litigation, Allied World obtained a J.R. Harris report concerning the cause of the slab deflection through a third-party subpoena. Allied World maintained that Curtis Park had not disclosed the full report when it initially submitted its claim and later asserted a coverage position based on the policy provision concerning willful misrepresentation or concealment.
After the coverage denial, Curtis Park and Milender White entered into a Close-Out Agreement addressing their financial relationship and the planned litigation against Allied World. They agreed to cooperate in pursuing the insurance claim, share litigation expenses, and divide any net recovery. Under the agreement, 62.2% of the net recovery would go to Milender White and 37.8% to Curtis Park.
The agreement also provided that Curtis Park would not be required to reimburse Milender White for the slab repair costs if the insurance lawsuit was unsuccessful.
Curtis Park sued Allied World in litigation that proceeded in the U.S. District Court for the District of Colorado. The complaint asserted claims for breach of contract, statutory bad faith, and common-law bad faith. During discovery, Allied World obtained additional information about the Close-Out Agreement and the J.R. Harris report.
Before trial, Allied World argued that Curtis Park could not recover hard costs that Milender White had paid or absorbed. The district court rejected that position and allowed Curtis Park to present those amounts to the jury as part of its claimed damages.
A seven-day jury trial began on March 27, 2023. The evidence covered the condition of the concrete podium slab, damage to other portions of the development, repair and delay expenses, Allied World’s claim investigation, and its denial of coverage. Curtis Park presented engineering expert Edward Fronapfel and construction cost expert William McConnell.
Fronapfel testified about the relationship between the podium slab condition and deformation observed in building components above it, including wood framing and finishes. McConnell addressed repair and restoration expenses, construction costs, removal work, and delay-related losses.
On April 4, 2023, the jury returned a verdict for Curtis Park on its breach-of-contract and statutory bad-faith claims but rejected the common-law bad-faith claim. It awarded $1,504,827 in repair and replacement costs, $986,391 in replacement damages, and $50,000 in general administration expenses. For purposes of the statutory bad-faith claim, the jury found that Allied World had improperly denied $2,541,218 in benefits. Those findings were later affected by the Tenth Circuit’s decision vacating the remainder of the judgment.
After the verdict, Allied World renewed its request for judgment as a matter of law and moved for a new trial. The insurer continued to challenge Curtis Park’s ability to recover amounts that had been paid or absorbed by Milender White and other contractors. U.S. District Judge Charlotte N. Sweeney denied both motions on August 31, 2023.
Allied World then appealed to the U.S. Court of Appeals for the Tenth Circuit. The appeal included challenges to the treatment of the claimed hard costs and other parts of the district court judgment.
The Tenth Circuit concluded that Curtis Park could not recover the claimed $2,857,157.78 in hard repair costs because Curtis Park had neither paid those expenses nor become obligated to reimburse Milender White for them. Milender White had borne the repair costs, and the Close-Out Agreement provided that Curtis Park would not have to reimburse Milender White if the insurance litigation failed. The jury had awarded $1,504,827 in repair and replacement damages at trial.
The appellate court directed the district court to enter judgment for Allied World on the hard-cost claim. It also vacated the remainder of the judgment because the district court’s treatment of the hard costs potentially affected other issues decided at trial. The remaining claims were remanded for a new trial.
After the case returned to the District of Colorado, Curtis Park and Allied World notified the court that they had reached a settlement. The new trial ordered on remand did not take place. On August 22, 2025, the federal action was dismissed with prejudice, ending the litigation.
Construction Engineering Expert Witness - Edward Fronapfel, Curtis Park
Edward Fronapfel testified about the concrete podium slab and deformation observed in portions of the superstructure. His testimony connected the slab condition with alleged changes in wood framing and finishes above it, including tile, drywall, and plywood. His role focused on engineering causation and the relationship between the podium slab and conditions observed elsewhere in the buildings.
Construction Cost and Damages Expert Witness - William McConnell, Curtis Park
William McConnell addressed the financial components of the repair program rather than the structural cause of the slab deflection. His testimony covered construction expenses, removal and restoration work, related markup, project delays, and soft costs associated with the repair work.
Whether Curtis Park Actually Sustained the Claimed Hard-Cost Loss
A central appellate issue was not simply whether repair work had occurred, but whether Curtis Park itself had sustained the financial loss claimed under the builder’s risk policy. The repair costs had been paid or absorbed by Milender White, and Curtis Park had not reimbursed the contractor. The Close-Out Agreement also provided that Curtis Park would not have to reimburse Milender White if the litigation against Allied World failed.
Named Insured Status and Costs Borne by Contractors
Curtis Park was the sole named insured under the Allied World policy. Milender White and the subcontractors were not named insureds, even though they performed or financed portions of the construction and repair work. This distinction became relevant when the court considered whether costs incurred by another project participant could be treated as a loss sustained by Curtis Park.
Effect of the Curtis Park-Milender White Close-Out Agreement
The Close-Out Agreement defined the parties’ financial relationship after Allied World denied coverage. It required Curtis Park and Milender White to cooperate in pursuing the insurance litigation, established how litigation expenses and any net recovery would be divided, and addressed whether Curtis Park would be responsible for reimbursing Milender White for the slab repairs. Those provisions became part of the Tenth Circuit’s analysis of whether Curtis Park had incurred the claimed hard costs.
Defective Construction and Alleged Resulting Property Damage
The evidence distinguished alleged deficiencies within the podium slab from deformation and damage observed in other portions of the buildings. Trial testimony addressed wood framing, drywall, tile, plywood, cabinetry, electrical work, and other components above the slab. Because the Tenth Circuit later vacated the remainder of the judgment and the parties settled before a new trial, the disputed coverage questions concerning defective construction and alleged resulting damage were not finally resolved after remand.
Direct Repair Costs and Delay-Related Losses
Curtis Park’s claim included both direct construction expenses and soft costs associated with project delays. Trial evidence addressed repair and restoration work, project administration, removal and replacement activities, and delay-related expenses. These categories were evaluated separately during the litigation and formed part of the damages presented to the jury.
The federal jury returned a verdict for Curtis Park on its breach-of-contract and statutory bad-faith claims in April 2023 while rejecting the common-law bad-faith claim. Allied World challenged the judgment after trial and then appealed to the Tenth Circuit.
On December 23, 2024, the appellate court determined that Curtis Park could not recover its claimed hard repair costs because those expenses had been borne by Milender White and Curtis Park had no obligation to reimburse them if the insurance litigation failed. The court directed judgment for Allied World on that claim, vacated the remainder of the judgment, and remanded the remaining issues for a new trial. The parties settled after remand, and the federal action was dismissed with prejudice on August 22, 2025.
What was Curtis Park Group v. Allied World about?
Curtis Park Group v. Allied World involved a builder’s risk insurance dispute over excessive deflection in a concrete podium slab at the S*Park development in Denver, Colorado. Curtis Park sought coverage for construction repair costs and delay-related expenses after Allied World denied its claim.
What problems were found in the S*Park concrete podium slab?
The structural investigation identified variations in slab thickness and reinforcing steel placement. Some reinforcing steel was positioned lower than designed, and portions of the concrete were thinner than specified.
How much did Curtis Park claim under the builder’s risk policy?
Curtis Park submitted a claim for $2,857,157.78 in hard costs related to the slab repairs and $986,391.59 in soft costs associated with construction delays. The $2,857,157.78 figure represented the amount claimed for hard costs, not the amount ultimately awarded by the jury.
What did the Tenth Circuit decide in Curtis Park Group v. Allied World?
The Tenth Circuit held that Curtis Park could not recover the claimed hard repair costs because Curtis Park had neither paid those expenses nor become obligated to reimburse Milender White for them. The court directed judgment for Allied World on the hard-cost claim, vacated the remainder of the judgment, and remanded the remaining claims for a new trial.
How was the concrete podium slab repaired at the S*Park development?
Milender White performed repairs to address the excessive deflection in the podium slab, including strengthening the slab with carbon fiber. The repair work followed structural investigations concerning slab thickness and reinforcing steel placement.
Construction Engineering Expert Witness - Edward Fronapfel, Curtis Park
Edward Fronapfel testified about the concrete podium slab and deformation observed in portions of the superstructure. His testimony connected the slab condition with alleged changes in wood framing and finishes above it, including tile, drywall, and plywood. His role focused on engineering causation and the relationship between the podium slab and conditions observed elsewhere in the buildings.
Construction Cost and Damages Expert Witness - William McConnell, Curtis Park
William McConnell addressed the financial components of the repair program rather than the structural cause of the slab deflection. His testimony covered construction expenses, removal and restoration work, related markup, project delays, and soft costs associated with the repair work.
Whether Curtis Park Actually Sustained the Claimed Hard-Cost Loss
A central appellate issue was not simply whether repair work had occurred, but whether Curtis Park itself had sustained the financial loss claimed under the builder’s risk policy. The repair costs had been paid or absorbed by Milender White, and Curtis Park had not reimbursed the contractor. The Close-Out Agreement also provided that Curtis Park would not have to reimburse Milender White if the litigation against Allied World failed.
Named Insured Status and Costs Borne by Contractors
Curtis Park was the sole named insured under the Allied World policy. Milender White and the subcontractors were not named insureds, even though they performed or financed portions of the construction and repair work. This distinction became relevant when the court considered whether costs incurred by another project participant could be treated as a loss sustained by Curtis Park.
Effect of the Curtis Park-Milender White Close-Out Agreement
The Close-Out Agreement defined the parties’ financial relationship after Allied World denied coverage. It required Curtis Park and Milender White to cooperate in pursuing the insurance litigation, established how litigation expenses and any net recovery would be divided, and addressed whether Curtis Park would be responsible for reimbursing Milender White for the slab repairs. Those provisions became part of the Tenth Circuit’s analysis of whether Curtis Park had incurred the claimed hard costs.
Defective Construction and Alleged Resulting Property Damage
The evidence distinguished alleged deficiencies within the podium slab from deformation and damage observed in other portions of the buildings. Trial testimony addressed wood framing, drywall, tile, plywood, cabinetry, electrical work, and other components above the slab. Because the Tenth Circuit later vacated the remainder of the judgment and the parties settled before a new trial, the disputed coverage questions concerning defective construction and alleged resulting damage were not finally resolved after remand.
Direct Repair Costs and Delay-Related Losses
Curtis Park’s claim included both direct construction expenses and soft costs associated with project delays. Trial evidence addressed repair and restoration work, project administration, removal and replacement activities, and delay-related expenses. These categories were evaluated separately during the litigation and formed part of the damages presented to the jury.
The federal jury returned a verdict for Curtis Park on its breach-of-contract and statutory bad-faith claims in April 2023 while rejecting the common-law bad-faith claim. Allied World challenged the judgment after trial and then appealed to the Tenth Circuit.
On December 23, 2024, the appellate court determined that Curtis Park could not recover its claimed hard repair costs because those expenses had been borne by Milender White and Curtis Park had no obligation to reimburse them if the insurance litigation failed. The court directed judgment for Allied World on that claim, vacated the remainder of the judgment, and remanded the remaining issues for a new trial. The parties settled after remand, and the federal action was dismissed with prejudice on August 22, 2025.
What was Curtis Park Group v. Allied World about?
Curtis Park Group v. Allied World involved a builder’s risk insurance dispute over excessive deflection in a concrete podium slab at the S*Park development in Denver, Colorado. Curtis Park sought coverage for construction repair costs and delay-related expenses after Allied World denied its claim.
What problems were found in the S*Park concrete podium slab?
The structural investigation identified variations in slab thickness and reinforcing steel placement. Some reinforcing steel was positioned lower than designed, and portions of the concrete were thinner than specified.
How much did Curtis Park claim under the builder’s risk policy?
Curtis Park submitted a claim for $2,857,157.78 in hard costs related to the slab repairs and $986,391.59 in soft costs associated with construction delays. The $2,857,157.78 figure represented the amount claimed for hard costs, not the amount ultimately awarded by the jury.
What did the Tenth Circuit decide in Curtis Park Group v. Allied World?
The Tenth Circuit held that Curtis Park could not recover the claimed hard repair costs because Curtis Park had neither paid those expenses nor become obligated to reimburse Milender White for them. The court directed judgment for Allied World on the hard-cost claim, vacated the remainder of the judgment, and remanded the remaining claims for a new trial.
How was the concrete podium slab repaired at the S*Park development?
Milender White performed repairs to address the excessive deflection in the podium slab, including strengthening the slab with carbon fiber. The repair work followed structural investigations concerning slab thickness and reinforcing steel placement.
Builders Risk Insurance
Insurance Coverage
Insurance Claims
Contract Disputes Bad Faith
Construction Engineering
Structural Damage
Damages Calculations
Geotechnical Engineering, +4
Construction
Industrial Hygiene, +7
Construction