Monthly Archives: February 2015

February 12, 2015

Can Only “Subsequent” Home Owners Bring Negligence Claims?

By Tim Gordon

For over a decade, we’ve safely assumed that the economic loss rule does not bar typical homeowners (i.e., individuals who buy a home as their primary residence) from bringing negligence claims for alleged construction defects.  But a new decision from the Colorado Supreme Court suggests that the “homeowner exception” to the economic loss rule protects only “subsequent homeowners” and does not apply to the original home purchasers.  S K Peightal Engineers, LTD v. Mid Valley Real Estate Solutions V, LLC, 2015 CO 7.