1. Construction Defects,
Developers,
and Jury Trials
Rogers 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. 475
Greenwood Village, CO 80111
303.830.0500 / amason@hamiltonfaatz.com

2. Stapleton Redevelopment Plan

3. Foundation drain with
calcite emptying
groundwater into sump
pit to be discharged into
storm drain

4. Sump discharge into
storm drain
Interior of
foundation drain

5. MASTER DEVELOPER
Develops land and
infrastructure, then subdivides
into individual filings and lots
HOMEBUILDER
Builds house pursuant to
Developer Covenants,
Conditions, and Restrictions
HOMEOWNER
Purchases house from
homebuilder
**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

6. Engineering Experts
Ed Fronapfel, M.S.C.E., P.E. C.B.I.E.,
C.F.C.C., E.D.I., C.B.C.P.
efronapfel@callSBSA.com
W. Matthew Hayes, P.E.
hayes@hcc-engineers.com

7. 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

9. Thank you CTLA!
 Please do not hesitate to call
or email us with any questions
or comments
 Clyde A. Faatz, Jr.
cafaatz@hamiltonfaatz.com
303-830-0500
 Ashleigh P. Mason
amason@hamiltonfaatz.com
303-830-0500