In today’s online edition of the Denver Business Journal, Ed Sealover reported that the “Bill that bothered Colorado builders dies without a hearing.”  In a hearing today of the Senate State, Veterans and Military Affairs Committee, Senate Majority Leader John Morse asked the committee to postpone Senate Bill 45 indefinitely after stating that the issues surrounding foreclosure delays were more complicated than he had originally thought.

Fueled by comments made by the sponsoring Representative, Andy Kerr, that “all options are on the table,” builders “feared the bill would be gutted and the foreclosure language replaced by last year’s Senate Bill 246, a failed effort to make builders pay interest on construction defects from the time a home was built rather than the time the defect was reported.”  According to Chris Elliott, government affairs chairman for the Colorado Association of Home Builders, that change would have doubled the amount builders must pay in construction defects lawsuits, thereby taking away any incentive for homeowners to settle lawsuits quickly.

According to Ed Sealover, “short of an unlikely last-second introduction of a new bill on construction defects later Monday,” there will be no construction defects bill this year. Colorado’s legislative session ends this Wednesday.  According to both Senator Morse and Representative Kerr, they hope to bring back some sort of construction defects legislation in 2011.

For additional information regarding Colorado construction litigation, please contact David M. McLain at (303) 987-9813 or by e-mail at mclain@hhmrlaw.com.

Recent Posts

Denver’s Minimum Wage: How a Small Payroll Mistake Can Become a Big Problem for Colorado Contractors

A construction company underpays an employee by $2.32 for a single day’s work.  It corrects…

4 days ago

Colorado Is Pricing Itself Out of Prosperity: Housing Affordability, Government Policy, and the Cost of Building

Colorado built its reputation on opportunity.  For decades, the state attracted families, workers, entrepreneurs, and…

6 days ago

You Filed a Mechanic’s Lien. Then You Discovered a Mistake. Now What?

Recording a mechanic's lien is an important tool for Colorado contractors seeking payment for labor,…

1 week ago

One Building, Six Owners, One Defective Stucco System: How Do You Coordinate Repairs?

Colorado's new right-of-access statute may help address one of the unintended consequences of individually owned…

1 week ago

Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law

When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer…

2 weeks ago

Not All Warranty E-Mails Are Notices of Claim

Colorado's construction defect statutes establish specific requirements for notices of claim and statutory tolling. It…

2 weeks ago