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COSMOPOLITAN HOMES, INC. v. WELLER

No. 80SC260.

663 P.2d 1041 (1983)

COSMOPOLITAN HOMES, INC.; Hutchinson Construction Company; and Builders Research & Engineering Co., Petitioners, v. William E. WELLER and Shirley Mae Weller, Respondents.

Supreme Court of Colorado, En Banc.

May 23, 1983.

Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Harring, Richard L. Harring, Denver, for petitioners.

Omer Griffin, Denver, for respondents.

DUBOFSKY, Justice.

We granted certiorari to review the Court of Appeals' holding in Weller v. Cosmopolitan Homes, Inc., 44 Colo.App. 470, 622 P.2d 577 (Colo.App.1980) which allowed subsequent purchasers of a home to assert a claim for property damage to the structure allegedly caused by the negligence of the homebuilder. We affirm the judgment of the Court of Appeals but limit the negligence claim to latent defects which the...

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