Forest City Stapleton Inc. v. Rogers
Supreme Court of Colorado
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
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
- Carpenter v. DonohoeSupreme Court of Colorado · 1964
- Cosmopolitan Homes, Inc. v. WellerSupreme Court of Colorado · 1983
- Parrish Chiropractic Centers, P.C. v. Progressive Casualty Insurance Co.Supreme Court of Colorado · 1994
- Duncan v. Schuster-Graham Homes, Inc.Supreme Court of Colorado · 1978
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3Cited by9 opinions
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- Lucas v. Eclipse Cos., L.L.C.Ohio Court of Appeals · 2023
- Acuity v. Kinsale Insurance CompanyDistrict Court, D. Colorado · 2024
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