Legal Opinion

Taylor Morrison of Colo., Inc. v. Bemas Constr., Inc.

Colorado Court of Appeals

Decided January 30, 2014No. Court of Appeals No. 12CA2428PublishedCited by 3 opinions

1Opinion of the Court

Opinion by JUDGE GABRIEL

¶ 1 In this construction defect case, plaintiff, Taylor Morrison of Colorado, Inc. f/k/a Morrison Homes of Colorado, Inc. (Taylor), appeals (1) the trial court's order dismissing Taylor's claims against defendant, Terracon Consultants, Inc., with prejudice; and (2) the jury verdict in favor of defendant, Bemas Construction, Inc. As an apparent matter of first impression, we conclude that applying the Homeowner Protection Act of 2007, § 13-20-806(7), C.R.S.2013 (HPA), to invalidate the limitation of liability clauses in Taylor's contracts with Terracon would be…

2Cases cited17 opinions

  1. People Ex Rel. Eitel v. LindheimerIllinois Supreme Court · 1939
  2. Vaccaro v. American Family Insurance GroupColorado Court of Appeals · 2012
  3. Gerrity Oil & Gas Corp. v. MagnessSupreme Court of Colorado · 1997
  4. Ficarra v. Department of Regulatory Agencies, Division of InsuranceSupreme Court of Colorado · 1993
  5. City of Golden v. ParkerSupreme Court of Colorado · 2006

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3Cited by3 opinions

  1. Acquest Holdings FC, LLC v. Johnson Controls, Inc.District Court, D. Colorado · 2024
  2. Lucia Family Trust, The v. American Family Mutual Insurance Company, S.I.District Court, D. Colorado · 2025
  3. Vandiver v. MG Billing LimitedDistrict Court, D. Colorado · 2023

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