APPENDIX 17

• Jurisdiction: Colorado

APPENDIX 17

Comment: These proposed forms may help provide a conceptual framework for crafting instructions for use in cases involving negligence claims by a homeowners association against a builder-vendor (developer) and the builder-vendor's general contractor. The instruction and verdict form assume the builder-vendor owes a non-delegable duty of care in constructing a multi-family development's common elements, rendering it liable as a matter of law for its and its general contractor's combined fault. However, the sample requires the jury to allocate percentage fault between the builder-vendor and its general contractor as to all damages so as to limit the general contractor's liability only to those damages for which it has been proven liable and to allow the court to address indemnity and contribution issues between the defendants. The sample also allows for a determination of the defendants' alleged joint liability under C.R.S. § 13-21-111.5(4). Neither the instruction nor the verdict form is intended to address any damages limitations that may apply under Colorado's Construction Defect Action Reform Act.

Sample Instruction

The Defendant [Builder-Vendor] is a legal entity that can act only through its respective employees, officers, agents, and subcontractors, including its subcontractor design professionals, if any. Any act or omission of an employee, officer, agent, or subcontractor, while acting within the scope of his, her, or its employment or authority by [Builder-Vendor] is the act or omission of [Builder-Vendor].

The Defendant [General Contractor] is a legal entity that can act only through its respective employees, officers, agents, and subcontractors. Any act or omission of an employee, officer, agent, or subcontractor, while acting within the scope of his, her, or its employment or authority by [General Contractor] is the act or omission of [General Contractor].

The Plaintiff Association is a legal entity that can act only through its officers, employees, and agents. Any act or omission of such an officer, employee, or agent, while acting within the scope of his, her, or its employment with the Association, is the act or omission of the Association.

Sample Special Verdict Form

You are instructed to answer the following questions. You must all agree on your answers to each question and you must all sign the completed form on the signature lines:

1. Do you find that the Plaintiff Association is entitled to recover damages from the Defendant...