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FOREST CITY STAPLETON INC. v. ROGERS

Supreme Court Case No. 15SC1089.

393 P.3d 487 (2017)

2017 CO 23

FOREST CITY STAPLETON INC., a Colorado Corporation and FC Stapleton II, LLC, a Colorado limited liability company, Petitioners/Cross-Respondents v. Tad S. ROGERS, Respondent/Cross-Petitioner.

Supreme Court of Colorado.

April 17, 2017.

Attorney(s) appearing for the Case

Attorneys for Petitioners/Cross-Respondents: Brownstein Hyatt Farber Schreck, LLP, Hubert A. Farbes, Jr. , Jonathan G. Pray , David B. Meschke , Denver, Colorado.

Attorneys for Respondent/Cross-Petitioner: Hamilton Faatz, PC, Clyde A. Faatz, Jr. , Frank J. Morroni , Greenwood Village, Colorado.

En Banc.

¶ 1 This case requires us to determine whether contractual privity is necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against a developer. We hold that, because breach of the implied warranty of suitability is a contract claim, privity of contract...

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