Chapter 5 - CHAPTER 5 TORT CLAIMS ARISING FROM THE CONSTRUCTION AND SALE OF A HOME

• Jurisdiction: Colorado

Chapter 5 TORT CLAIMS ARISING FROM THE CONSTRUCTION AND SALE OF A HOME

Claims for negligence, negligent misrepresentation/omission, and fraud all may arise from the construction and sale of a new home. Claims for trespass and nuisance may arise against third parties after a sale. Whether a homeowner recovers in tort or contract may significantly affect whether liability insurance covers the claim and, thus, the ability to collect on any judgment obtained.¹ In addition, viable tort claims may increase the scope of recoverable damages, side-step contractual privity requirements, and help avoid contractual liability disclaimers or other contractual limitations on the homeowner's recovery.² Conversely, tort-based claims may be subject to (1) set-off or reduction because of comparative and non-party fault, or (2) other tort defenses.³

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Notes:

^[1] See Chapter 12, discussing insurance issues.

^[2] See Chapter 9, discussing warranty disclaimers, tort damages, exculpatory and integration clauses, and waivers.

^[3] See ...