Colorado Appeals Court Finds Homeowner Protection Act Covers Senior Facility

(March 13, 2017, 1:27 PM EDT) -- DENVER — A Colorado appeals panel on March 9 overturned a ruling awarding summary judgment to the builder of a senior living facility in a construction defects lawsuit, ruling that the building is residential property under the Homeowner Protection Act of 2007 (HPA) that waives the builder’s rights under the Construction Defect Action Reform Act (CDARA) (Broomfield Senior Living Owner, LLC, et al. v. R.G. Brinkmann, d/b/a Brinkmann Constructors, No. 16CA0101, Colo. App., 2017 Colo. App. LEXIS 261)....

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