A.C. Excavating, Inc. v. Yacht Club II Homeowners Association, Inc.

Subcontractors owe homeowners an independent duty of care to construct homes without negligence, separate from any contractual obligation, and the economic loss rule does not bar a negligence claim against a subcontractor for residential construction defects. The Colorado Supreme Court affirmed that CCIOA grants a homeowners association standing to bring construction-defect claims for defects both in the common elements and in individual units, rejecting defendants' argument that HOAs lacked standing to pursue unit-level defects (foundations, slabs, windows). The court recognized that CCIOA construction-defect claims are controlled by the same statute of repose that governs other construction-defect actions against subcontractors.