Legal Opinion

Forest City Stapleton Inc. v. Rogers

Supreme Court of Colorado

Decided April 17, 2017No. Supreme Court Case 15SC1089PublishedCited by 9 opinions

1Opinion of the CourtChief Justice Rice

¶ 1 This case requires us to determine whether contractual privity is necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against a developer. We hold that, because breach of the implied warranty of suitability is a contract claim, privity of contract is required in such a case. Here, because the home buyer did not have contractual privity with the developer, he may not pursue a claim against the developer for breach of the implied warranty of suitability.

I. Facts and Procedural History

¶ 2 In 1990, after Denver determined that it needed a new…

2Cases cited13 opinions

  1. Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
  2. Carpenter v. DonohoeSupreme Court of Colorado · 1964
  3. Cosmopolitan Homes, Inc. v. WellerSupreme Court of Colorado · 1983
  4. Parrish Chiropractic Centers, P.C. v. Progressive Casualty Insurance Co.Supreme Court of Colorado · 1994
  5. Duncan v. Schuster-Graham Homes, Inc.Supreme Court of Colorado · 1978

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re Myford Touch Consumer Litig.District Court, N.D. California · 2018
  2. Bewley v. SemlerSupreme Court of Colorado · 2018
  3. e Village Homeowners Ass'n, Inc. v. Brooktree Village, LLCColorado Court of Appeals · 2020
  4. Lucas v. Eclipse Cos., L.L.C.Ohio Court of Appeals · 2023
  5. Acuity v. Kinsale Insurance CompanyDistrict Court, D. Colorado · 2024

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API