Northstar Project Management, Inc. v. DLR Group, Inc., 295 P.3d 956

Northstar and DLR entered a contract for DLR to perform construction-management tasks for a National Renewable Energy Laboratory building, with Northstar paying DLR $226,882 and withholding $110,502.84 during dispute resolution.
Northstar terminated the contract after negotiations failed, and Northstar sued for breach of contract; DLR counterclaimed for breach and declaratory relief, leading to a four-day jury trial.
At trial, four witnesses testified and multiple exhibits were admitted; DLR moved for a directed verdict at the close of Northstar’s case, which the court denied.
The jury found for Northstar on breach, awarding $151,186 in damages, with $110,502.84 deducted, resulting in $40,688.16 awarded to Northstar, as reflected on the verdict form.
DLR moved for JNOV or a new trial; the trial court denied, entered judgment for Northstar, and awarded costs and pre-judgment interest.
DLR designated a partial appellate record to the court of appeals, omitting transcripts of testimony from other witnesses, and Northstar challenged the sufficiency of this designation under C.A.R. 10(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did DLR comply with C.A.R. 10(b) in designating the record?	Northstar argues DLR failed to designate all evidence relevant to the verdict.	DLR contends the designated record was adequate under 10(b).	No; DLR failed to designate all relevant evidence, violating 10(b).
What is the appropriate sanction for noncompliance with 10(b)?	Northstar contends sanctions are warranted due to incomplete designation.	DLR argues sanctions are not necessary or misapplied.	Dismissal with prejudice under C.A.R. 38(e) is appropriate.
Does the 10(b) violation obviate consideration of the substantive issues on certiorari?	Northstar asserts the court should not reach merits if record designations are deficient.	DLR maintains the merits could be considered if proper.	Yes; the violation precludes addressing the substantive issues.

Coors v. Sec. Life of Denver Ins. Co., 112 P.3d 59 (Colo.2005) (review of sufficiency of evidence de novo in light most favorable to verdict)
Ullery v. People, 984 P.2d 586 (Colo.1999) (designating record to review sufficiency evidence)
Hock v. N.Y. Life Ins. Co., 876 P.2d 1242 (Colo.1994) (requirement to designate portions necessary for appeal)
Till v. People, 581 P.2d 299 (Colo.1978) (standard for designating record for appeal)
Pena, 788 P.2d 143 (Colo.1990) (appellate sanctions for failure to comply with rules)
Hinshaw v. Dyer, 443 P.2d 992 (Colo.1968) (court may dismiss proceedings for incomplete record)
Deines v. Vermeer Mfg. Co., 969 F.2d 977 (10th Cir.1992) (dismissing appeal for failure to designate pertinent portions of the record)