Colorado Construction Litigation Blog

Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days […]

Colorado Legislature Postpones Indefinitely SB 20-093

As previously reported, for certain consumer and employment arbitrations, Senate Bill 20-93 would have: Prohibited the waiver of standards for and challenges for evident partiality prior to a claim being filed and required any waiver of such provisions after the claim is filed to be in writing; Provided that the right of a party to challenge […]

As previously reported, SB 20-138, “Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects,” would have extended the Colorado statute of repose applicable to construction defect claims.  Senate Bill 20-138, if enacted, would have: Extended Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years; Required tolling of the statute […]

In any other year, we currently would be about one month away from the end of the regular legislative session, but this is not any other year.  In mid-March, and in response to growing concerns over the COVID-19 pandemic, the Legislature temporarily adjourned, 67 days into our Constitutionally-mandated 120-day legislative session.  The Legislature sought guidance […]

On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or prove a failure-to-cooperate defense […]

On Tuesday, February 18th, the Colorado House Business Affairs & Labor Committee voted 10-0 to postpone indefinitely House Bill 1046.  If it had been enacted, HB 1046 would have required, for all for all construction contracts of at least $150,000: A property owner to make partial payments to the contractor of any amount due under the […]

NEWS RELEASE February 12, 2020 METRO AREA MAYORS URGE NO VOTE ON SB 93 AS WRITTEN Hancock: “Now is not the time to shift Colorado into reverse and undo the great work this General Assembly has done to promote attainable housing.” Denver, CO – Today, Denver area mayors joined the chorus of business organizations, housing […]

By David M. McLain The 2020 Colorado legislative session started on Wednesday, January 8th.  It seems like there will be plenty of issues this year to which home builders will want to pay close attention.  On January 13th, Senators Fenberg, Foote, and Jackson sponsored SB 20-093, known as the “Consumer and Employee Dispute Resolution Fairness Act.” […]

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