Legal Opinion
A.C. Excavating v. Yacht Club II Homeowners Ass'n
Supreme Court of Colorado
Decided June 27, 2005No. 03SC842PublishedCited by 86 opinions
1Opinion of the Court
MARTINEZ, Justice.
We granted certiorari to review the court of appeals’ decision in Yacht Club II Homeowners Ass’n., Inc. v. A.C. Excavating, et al., 94 P.3d 1177 (Colo.App.2003). In Yacht Club II, the court of appeals held that a homeowners association’s negligence claim against construction subcontractors was not barred *864by the economic loss rule. We agree with the court of appeals and hold, as a matter of law, that subcontractors owe homeowners a duty of care, independent of any contractual obligations, to act without negligence in the construction of a home. Accordingly, we find the…
2Cases cited22 opinions
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
- Metropolitan Gas Repair Service, Inc. v. KulikSupreme Court of Colorado · 1980
- BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004
- Taco Bell, Inc. v. LannonSupreme Court of Colorado · 1987
- Cotter Corp. v. American Empire Surplus Lines Insurance Co.Supreme Court of Colorado · 2004
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3Cited by86 opinions
- Bruno, D., Aplts. v. Erie InsuranceSupreme Court of Pennsylvania · 2014
- Spring Creek Exploration & Prod. Co. v. Hess Bakken Inv., II, LLCCourt of Appeals for the Tenth Circuit · 2018
- Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LCUtah Supreme Court · 2009
- Flagstaff Affordable Housing Ltd. Partnership v. Design Alliance, Inc.Arizona Supreme Court · 2010
- Level 3 Communications, LLC v. Liebert Corp.Court of Appeals for the Tenth Circuit · 2008
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