Is a Legislative Attack on Colorado Homebuilders Imminent?

Below is the text of e-mail communication sent yesterday from Colorado’s Democratic Leadership to Democratic Committeepersons attending tonight’s party caucuses:

Subject: A Caucus Message from Colorado’s Democratic Leadership
An Important Caucus Message from the Democratic Leader’s of Colorado’s General Assembly

From:

President of the Senate Brandon Shaffer
Speaker of the House Terrance Carroll
Asst. House Majority Leader Andy Kerr
Senate Majority Leader John Morse

March 15, 2010

Dear Precinct Committeeperson:


First, we would like to thank you for the time and effort you consistently give to the Democratic Party and all of our Democratic elected officials and candidates. Over the last few election cycles Colorado Democrats have enjoyed a level of success we have never seen before in our state. Without the commitment of you and your fellow Committeepersons this would never have been possible. Thank you.

We have provided a link to a PDF version of the resolution to your County Platform Committee that we respectfully request your caucus adopt on Tuesday, March 16th.

Also, please visit an online video that we have produced to help the caucus attendees understand the issue and the importance of this resolution.

• Watch the Colorado Democratic Caucus Message Video

• Watch the Colorado Democratic Caucus Message on Youtube

• PDF Resolution to print and bring to your caucus

We would like all Colorado Democrats to hear directly from our mouths on why we believe this issue is important to our Party.


As Democratic leaders in the General Assembly we know that we could have pushed to have this issue addressed by the state Party. However, this issue affects the largest group of Colorado Consumers – Homeowners. It is an issue that we believe needs to be discussed on the grassroots level.


As the heart and soul of our Party it is YOUR commitment that will be instrumental in developing the wide-spread support necessary to bring equality and justice back to Colorado homeowners.


Sincerely,


Brandon Shaffer, President of the Senate
Terrance Carroll, Speaker of the House
Andy Kerr, Asst. House Majority Leader
John Morse, Senate Majority Leader

While the resolution itself gives little clue as to the intent of the Democratic Leadership, the video contains a few hints that they may be going after the prejudgment interest in construction defect suits, interest to which the Colorado Supreme Court ruled homeowners are not entitled in the Goodyear case.

It appears to me as though the Democratic Leadership has asked for caucuses to adopt the resolution so that they have some political cover when they push to reintroduce prejudgment interest into construction defect lawsuits.  There have been no rumblings thus far about when or how the Democratic Leadership will attempt to pass this legislation, but keep your eyes on Senate Bill 10-045, the Homeowner Protection Act of 2010.

If you would like to be added to my e-mail distribrution list, which will cover legislative issues in more depth, will share strategic information, and will contain specific calls for action, please e-mail me at mclain@hhmrlaw.com.