Galloway et al. v. RowCal Construction and Maintenance et al.

What the records show

Lori and Lamar Galloway assert four claims arising from roof repairs and requests for association records. They sue RowCal Construction for negligence and breach of contract, RowCal Management and the association for document production, and all defendants for declaratory relief concerning repair and property-entry authority. [S38]

Limits of this entry

The complaint establishes the claims made on July 30, 2024. It does not establish defective work, a statutory violation, entitlement to a penalty, an accepted settlement or a court award. RowCal’s positions are described only through the plaintiffs’ pleading; no defense filing has been reviewed. The referenced contracts, inspection material, correspondence and repair estimate are not included. The supplied Trellis extract ends with a July 30, 2024 summons entry; the user confirmed on September 30, 2026 that a 2024 summons remains the latest available Trellis update. The publisher’s July 2026 refresh date is not a later court event. The extract does not establish service, inactivity, dismissal, settlement or present court status.

Claims as pleaded

The claim names and defendant assignments follow the complaint. Statutory references describe the plaintiffs’ asserted basis for relief; this entry does not decide applicability or entitlement. Page citations use complaint pages 1–7, which are PDF pages 3–9.

1. Negligence

Against RowCal Construction & Maintenance CO LLC. The Galloways allege a failure to use reasonable care and skill in roof repairs, resulting in defects and water damage. They seek repair costs, direct economic loss-of-use costs, related damage, interest, fees and costs. [S38] p. 5, ¶¶ 38–42

2. Breach of contract

Against RowCal Construction. The Galloways allege they were intended beneficiaries of the repair contract or contracts and that deficient work breached express and implied obligations, including asserted warranties of habitability, workmanship and fitness for intended use. [S38] p. 5, ¶¶ 43–46

3. Document request

Against Camels Ridge Townhomes Homeowners Association and RowCal Management CO, LLC. The Galloways allege incomplete compliance with their request for repair records, invoke C.R.S. § 38-33.3-317 and the association’s governing documents, and seek an injunction compelling production, a $500 penalty and attorney fees and costs. [S38] p. 6, ¶¶ 47–51

4. Declaratory relief

Against all defendants. The Galloways ask the court to declare that the association’s power-of-attorney provisions do not authorize it or those acting at its direction to repair or enter their property without their consent. [S38] p. 6, ¶¶ 52–53

Roofing and records allegations

These are allegations in the complaint. Technical defects, warranty status and the interpretation of the association’s documents have not been independently established.

Work order and entity roles

The Galloways allege RowCal Management was the association’s contracted manager and, in late 2022, sent a roof-repair work order to RowCal Construction, which they describe as its affiliate. Both RowCal entities and the association are named defendants. [S38] pp. 1–2, caption and ¶¶ 10–12

Roofing system and installation

The alleged defects include using a Decra Shake–Batten system in an area previously using Decra Shake XD, wrong valley metal, missing rake battens, protruding underlayment, reused damaged ridge caps, unrepaired front-elevation panels, incorrectly installed fascia affecting gutter performance, and leaks with apparent interior damage. [S38] pp. 2–3, ¶¶ 13–14

Scope of repairs and warranty

The Galloways allege the proposed limited repairs did not address interior water damage and would not restore the original roof warranty, which they say RowCal’s work had voided. They sought a contractor experienced with Decra roofs and provided a replacement estimate from the original installer. [S38] pp. 3–4, ¶¶ 23–27

Records requested and partial production

The Galloways allege their March 4 formal request followed unanswered informal requests and was not fulfilled within the ten-day period they assert applied. They acknowledge later receipt of insurance-claim documents from counsel, but allege records of what repairs were performed, how they were performed and their costs remained missing at filing. [S38] p. 3, ¶¶ 15–19; pp. 4–5, ¶¶ 33–36

RowCal’s actions and positions as recounted by the plaintiffs

This section records the complaint’s account of RowCal’s response. The actual correspondence, inspection report and defendants’ court filings have not been reviewed.

Inspection and proposed repairs

The complaint says RowCal Construction’s counsel responded on April 11, 2024, an inspection occurred April 17, and a May 22 email from RowCal Management referred to RowCal Construction’s inspection findings and proposed limited repairs. [S38] p. 3, ¶¶ 20–22

Disputed measure of damages

The Galloways attribute to RowCal Construction the position that the recoverable actual damages under CDARA would be limited to the cost of repairing part of the roof. The plaintiffs dispute the adequacy of that repair scope. [S38] p. 4, ¶¶ 25–29

Disputed authority to proceed with repairs

The complaint says RowCal Construction relied on the association’s declaration to assert that the association could authorize repairs over the homeowners’ objections. The Galloways argue the power of attorney applies only when owners fail to commence and diligently pursue restoration. [S38] p. 4, ¶¶ 30–32

Amounts and outcomes to verify

The reviewed complaint contains an offer and requests for relief. It contains no accepted settlement or court award.

$162,127.19 described as a settlement offer

Paragraph 28 says the Galloways offered to accept $162,127.19, described as the then-current estimate to replace the roof and repair known damage, in exchange for a full waiver of claims against RowCal Construction, including additional damage discovered during repairs. The paragraph gives no offer date and does not establish acceptance or payment. [S38] p. 4, ¶ 28

$500 penalty requested for records access

Paragraph 51 requests a $500 penalty under C.R.S. § 38-33.3-317(4.5), plus fees and costs under the declaration. It is a request in the pleading; no order granting or denying it has been supplied. [S38] p. 6, ¶ 51

Relief and jury demand

The complaint requests compensation for damage from the repairs, declaratory relief, an injunction requiring document production, associated penalties, attorney fees, costs and other appropriate relief. It demands a jury on triable claims. The prayer does not specify a total damages award. [S38] pp. 6–7, ¶ 54 and prayer for relief

Filing history and events alleged in the complaint

1. Mar 4, 2024
   Formal records request alleged

   The Galloways say they requested roof-repair documents from the association through RowCal Management after receiving no response to informal requests.

   [S38] p. 3, ¶¶ 15–17
2. Apr 1, 2024
   Construction-defect notice alleged

   The Galloways say counsel sent both RowCal entities a notice under the Colorado Construction Defect Action Reform Act (CDARA), asked for an inspection and discussions, and raised the outstanding records request.

   [S38] p. 3, ¶¶ 18–19
3. Apr 11, 2024
   Response described

   The complaint says RowCal Construction’s counsel responded that it would exercise its right to inspect the property.

   [S38] p. 3, ¶ 20
4. Apr 17, 2024
   Inspection alleged

   The complaint says the scheduled property inspection occurred on this date.

   [S38] p. 3, ¶ 21
5. May 22, 2024
   Repair proposal described

   The Galloways say RowCal Management emailed about RowCal Construction’s inspection report and recommendations for limited repairs, which they considered inadequate.

   [S38] pp. 3–4, ¶¶ 22–27
6. Jul 30, 2024
   Complaint filed

   The court stamp records filing at 1:53 p.m. in District Court, El Paso County, case 2024CV31417. The pleading contains four claims and a jury demand; Reid J. Allred signs for Cambridge Law LLC.

   [S38] p. 1, court stamp and caption; pp. 5–7, claims, jury demand and signature
7. Jul 30, 2024
   Latest event shown in the Trellis extract

   The supplied extract ends with a summons dated July 30, 2024. All five displayed events are from that date. It includes no return of service, answer or disposition; the sequence does not establish whether or when service occurred.

   [S37] Docket PDF p. 4, Case Events

Sources for this entry

Next record to obtain

Request the current register of actions directly from the El Paso County District Court clerk, including the case status and any disposition entry. Then select any available returns/affidavits of service and entered orders from that register; RowCal entities’ and the association’s answers/counterclaims, any amended complaint, records-production motions and orders, repair/access injunction or declaratory orders, and any settlement notice, dismissal, judgment or fee/penalty order. If filed, obtain the work order/contracts, declaration and Records Policy, March 4 records request, April 1 notice, April 11 response, April 17 inspection material, May 22 repair proposal, repair estimate and settlement correspondence.