As previously reported, Senator Scott’s SB 91, as originally introduced, would have reduced Colorado’s statute of repose for construction defect actions from eight years to four years. Yesterday, the Senate State, Veterans & Military Affairs Committee heard Senate Bill 91 and, before passing the bill on a party line vote sending it back to the full Senate for consideration, made two substantive amendments. By one amendment, the Committee excluded any multi-family developments. The second amendment was to reduce the statute of repose from six years, currently on the books, to five years plus one more if the defect becomes manifest in the fifth year.
If passed in its current form, the bill would only apply to single family homes and, with respect thereto, would reduce the statute of repose for construction defect claims from six years, plus two more for defects which become manifest in years five or six, to five years, plus one more for defects which become manifest in the fifth year.