Legal Opinion
Mid Valley Real Estate Solutions V, LLC v. Hepworth-Pawlak Geotechnical, Inc.
Colorado Court of Appeals
Decided August 1, 2013No. Court of Appeals No. 13CA0519PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
JUDGE WEBB
T1 A construction professional has an independent duty "to act without negligence in the construction of a home," and a "home owner" may sue in negligence for breach of this duty. Cosmopolitan Homes, Inc. v. Weller, 663 P.2d 1041, 1042-48 (Colo.1988). This interlocutory appeal under C.A.R. 4.2 presents a legal question unresolved in Colorado: whether "home owner" includes a wholly-owned subsidiary of the construction lender on the project, which holds title to the home solely for purposes of resale? We conclude that it does.1
T2 Defendants, Hepworth-Pawlak Geo-technical,…
2Cases cited34 opinions
- Ballard v. UribeCalifornia Supreme Court · 1986
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
- BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004
- Taco Bell, Inc. v. LannonSupreme Court of Colorado · 1987
- Cosmopolitan Homes, Inc. v. WellerSupreme Court of Colorado · 1983
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3Cited by5 opinions
- Gattis v. McNuttColorado Court of Appeals · 2013
- S K Peightal Engineers, Ltd. v. Mid Valley Real Estate Solutions V, LLCSupreme Court of Colorado · 2015
- Hickman v. Catholic Health InitiativesColorado Court of Appeals · 2013
- Rich v. Ball Ranch PartnershipColorado Court of Appeals · 2015
- In the Matter of GilbertSupreme Court of Colorado · 2015