RETHINKING HAMON CONTRACTORS, INC. V. CARTER & BURGESS, INC. TO CLARIFY APPLICATION OF COLORADO’S ECONOMIC LOSS RULE TO POST-CONTRACTUAL FRAUD CLAIMS
Through recent decisions, Colorado courts have expanded the economic loss rule. These decisions have applied the rule to bar post-contractual fraud claims by relying on the implied contractual duty of good faith and fair dealing. This expansion does not serve the policy interests underlying the rule and goes beyond the scope of the rule. Therefore, the Colorado Supreme Court should rethink the application of the economic loss rule to post-contractual intentional torts such as fraud.