Colo. Appeals Court: Joist Maker’s Duty Satisfied When Warranty Remedy Provided

Mealey's (December 22, 2021, 10:59 AM EST) -- DENVER — The economic loss rule barred buyers of engineered lumber joists from asserting tort claims based on alleged misrepresentations and failure to disclose a defect after the joists were voluntarily remediated due to odor complaints as the remedy specified in the manufacturer’s warranty was provided and the damages sought by the buyers were excluded in the warranty, a Colorado appellate panel ruled Dec. 2 in an opinion in which it also held that the trial court did not err in granting the joist maker’s motion for a directed verdict on warranty claims or in denying the buyers’ motion for judgment notwithstanding the verdict on their claim under the Colorado Consumer Protection Act (CCPA.)...

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