Colorado Supreme Court gives a boost to builders in construction defects battles
The Colorado Supreme Court gave builders a reason to cheer Monday, ruling that a homeowners association in Centennial was wrong to ignore a requirement that it first get consent from the developer before changing the way disputes over construction defects claims are handled.
The 5-2 ruling in Vallagio at Inverness Residential Condo Association v. Metro. Homes, Inc. upholds a “consent-to-amend” provision that the builder had placed in the declarations for the project, which stated that binding arbitration would be used in any construction defects disputes and that changing that stipulation would need the consent of the builder.
The Vallagio homeowners association decided to move ahead with a lawsuit against the builder without first getting its consent to change the dispute resolution method from binding arbitration.
Read more at denverpost.com.
DENVER, CO – APRIL 21: Construction continues on a 334 unit condo building project, called The Coloradan, west of Union Station on April 21, 2017 in Denver, Colorado. (Photo by RJ Sangosti/The Denver Post)
DENVER, CO – APRIL 21: Construction continues on a 334 unit condo building project, called The Coloradan, west of Union Station on April 21, 2017 in Denver, Colorado. (Photo by RJ Sangosti/The Denver Post)
