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TRANSCRIPT
Construction Defects, Developers,
and Jury TrialsRogers v. Forest City Stapleton, Inc. et al.
(Denver Dist. Ct. Case No.: 2010CV6699)
Presented by:Ashleigh P. Mason of Hamilton Faatz, PC
5105 DTC Parkway, Ste. 475Greenwood Village, CO 80111
303.830.0500 / [email protected]
Stapleton Redevelopment Plan
Foundation drain with calcite emptying
groundwater into sump pit to be discharged
into storm drain
Sump discharge into storm drain
Interior of foundation drain
MASTER DEVELOPERDevelops land and infrastructure, then
subdivides into individual filings and lots
HOMEBUILDERBuilds house pursuant to
Developer Covenants, Conditions, and Restrictions
HOMEOWNERPurchases house from
homebuilder
Sells lot to
Sells home to
**Developer owes implied warranty to Homeowner that lot is suitable for intended construction**
Privity of Contract between Developer and Homebuilder
Privity of Contract between Homebuilder and Homeowner
Effect of Rogers v. Forest City
Engineering ExpertsEd Fronapfel, M.S.C.E., P.E. C.B.I.E.,
C.F.C.C., E.D.I., C.B.C.P. [email protected]
W. Matthew Hayes, [email protected]
The house is damaged
No it’s not, it’s fine
It wasn’t us, it was them
Ok, what did they do wrong?
Nothing, the house is fine
Thank you CTLA! Please do not hesitate to call
or email us with any questions or comments
Clyde A. Faatz, Jr. [email protected] 303-830-0500
Ashleigh P. Mason [email protected] 303-830-0500