Forest City Stapleton Inc. v. Rogers

Citations

• 2017 CO 23
• 393 P.3d 487
• 2017 WL 1377345
• 2017 Colo. LEXIS 281

Syllabus

Implied Warranty of Suitability—Privity of Contract—Implied Warranties. The Supreme Court considered whether privity of contract is necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against a developer. The Court concluded that because breach of the implied warranty of suitability is a contract claim, privity of contract is required in such a case. Here, the home buyer was not in privity of contract with the developer and thus cannot pursue a claim against the developer for breach of the implied warranty of suitability. Accordingly, the Court of Appeals' judgment was reversed and the case was remanded for further proceedings.