APPENDIX 12

• Jurisdiction: Colorado

APPENDIX 12

DISTRICT COURT, [name] COUNTY, COLORADO [address]	▲ COURT USE ONLY ▲
Plaintiffs: Homeowners Defendants and Third-Party Plaintiffs: Developer, Builder, and Principals Third-Party Defendants: Subcontractor 1, Subcontractor 2
	Case Number: Div.:
Attorneys for Plaintiffs: Lawyer: Law Firm: Address: Telephone: Email:
THIRD-PARTY COMPLAINT AND JURY DEMAND

Defendants/Third-Party Plaintiffs, by and through their attorneys, [Law Firm], for their Third-Party Complaint, state as follows:

GENERAL ALLEGATIONS

1. Plaintiffs initiated this action by filing a Complaint against Defendants/Third-Party Plaintiffs and others in the above-named action on [date].

2. The subject matter of Plaintiffs' Complaint is a single-family residence owned by them and located at [address], Colorado (the "Residence").

3. Plaintiffs' Complaint alleges that defects in the design and/or construction of the subject Residence include, but are not necessarily limited to, the following: [insert alleged defects].

4. If Plaintiffs succeed in proving their claims against Defendants/Third-Party Plaintiffs, which Defendants/Third-Party Plaintiffs deny, then the following subcontractors who provided materials or performed services are responsible for all or part of the damages so proven: [insert].

5. [Subcontractor 1] is a [state] corporation with its principal place of business located at [address]. Subcontractor 1 subcontracted with Defendants/Third-Party Plaintiffs to install the [insert] at the Residence.

6. [Subcontractor 2] is a [state] corporation with its principal place of business located at [address]. Subcontractor 2 subcontracted with Defendants/Third-Party Plaintiffs to install the [insert] at the Residence.

FIRST CLAIM FOR RELIEF (Breach of Contract and Contractual Indemnity)

7. Defendants/Third-Party Plaintiffs reallege and incorporate by reference the allegations set forth in Paragraphs 1 through 6 above.

8. Defendants/Third-Party Plaintiffs entered into express or implied written or oral agreements with various subcontractors and materials suppliers to provide material or perform services to build the Residence.

9. Each Third-Party Defendant owed a contractual duty to Defendants/Third-Party Plaintiffs to supply materials and/or perform services to ensure that the Residence would be built in a good and workmanlike manner and in conformity with applicable building codes, ordinances, regulations, and industry standards.

10. In addition, each Third-Party Defendant owed a contractual duty to carry in full force and effect a policy of general liability...