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<br /> <br />. <br /> <br /> <br />. <br /> <br />-.0 <br /> <br />Nrnl ? 3 '88 <br /> <br />Duana Woodard <br />Attorney General <br /> <br />Charle. B. Howe <br />Chief Deputy Attorney General <br /> <br />Richard H. Forman <br />Solicitor General <br /> <br />COLOkALlI. ..1\ TER <br />CONSEAvAl'ON <br />B('l6Q" <br /> <br />m11t &tatt of <ttolorallo <br />DEPARTMENT OF LAW <br /> <br />OFFICE OF THE AT1"ORNEV GENERAL <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 866-3611 & 866.3621 <br />FAX (303) 866-5001 <br /> <br />November 23, 1988 <br /> <br />Edward J. Krisor, Esq. <br />Shoemaker, Wham and Krisor <br />1666 South University Boulevard <br />Denver, CO 80210 <br /> <br />Dear Mr. Krisor, <br /> <br />Recently Mr. Shoemaker and Ken Wright met with David Walker <br />of the Colorado Water Conservation Board to express their concern <br />over implications of the indemnification clause in the contract <br />for the design of the Union Avenue by-pass structure (Contract <br />No. C-153531). <br /> <br />As evidenced by the attached letter from Ken Wright to the <br />Water Conservation Board, the indemnification clause was a sig- <br />nificant factor in the decision to bid the contract. Further, <br />the terms of the indemnification clause were the deciding factor <br />in one engineering firm's decision not to bid the contract. <br /> <br />I am certain that you can understand the complications and <br />potential liability the Colorado Water Conservation Board would <br />confront by tempering the language of the indemnification clause <br />to afford some increment of additional protection for Wright <br />Water Engineers. Certainly, the absolution of liability for <br />Wright Water Engineers would vault the Water Conservation Board <br />into District Court. <br /> <br />We understand Ken wright's concern in this matter. You are <br />undoubtedly aware of the fact that the other contracts for the <br />design and construction supervision of boat chutes on the South <br />Platte completed by Wright Water Engineers contained the same or <br />similar indemnification language. There is nothing the Colorado <br />Water Conservation Board can do to obviate the potential liabil- <br />ity of Wright Water Engineers for those structures already built. <br /> <br />I have done some review of the fiscal rules. There is <br />little that can be done within the four corners of the contract <br />without impeaching the contract award process. Any solutions <br />must be deftly crafted outside the contact. <br />