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Recent May 2017

Colorado Supreme Court Spring Real Estate Round-Up: Forest City v. Rogers, In re Goodman v. Heritage Builders, McShane v. Stirling Ranch Property Owners Association

The Colorado Supreme Court recently issued several topical real estate opinions. They address (i) whether privity of contract is required to bring a breach of implied warranty of suitability claim; (ii) the parameters for timeliness of third party claims in construction defect cases; and (iii) the scope of an exculpatory clause that protects, by its terms, a HOA’s internal board but not the HOA itself. These cases have notable implications for developers, builders, associations, and homeowners alike.

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