November 23, 2015
Last week, the Colorado Court of Appeals issued an opinion recognizing for the first time that a master developer may be liable to a subsequent home purchaser under an implied warranty of suitability. Rogers v. Forest City Stapleton, Inc., 2015COA167.   

Land developers in Colorado should take note of this case because it creates new liability for claims for implied warranties from parties with whom the land developers have no contractual relationship. Polsinelli will continue to watch this case, and any possible appeal to the Colorado Supreme Court, which may have interest in reviewing the new legal standard announced based on law from other jurisdictions and the two different dissents.   

To read the full alert, click here.