With the 2019 Colorado legislative session well underway, the construction industry is waiting with bated breath to see what the Democrat controlled legislature might do with respect to construction defect legislation.  In recent years, having a split legislature has prevented any attempts to roll back positive changes in the law, either from the legislature or Colorado courts, that have been hailed by the construction community.

This year, odds are good that we will see at least one bill similar to two introduced last year that would hinder the ability to have disputes decided by binding arbitration. While not full frontal assaults on the Colorado Supreme Court decision in the Vallagio case, HB18-1261, the “Colorado Arbitration Fairness Act,” and HB 18-1262, the “Arbitration Services Provider Transparency Act,” would have negatively impacted the ability to resolve any type of case through arbitration. Anything that prevents the resolution of construction defect cases through arbitration will increase the judgments and settlements in such cases, ultimately increasing the costs of construction and for insurance for those in the industry.

There are also rumors floating around that plaintiffs’ attorneys may try to convince the legislature to overturn the Colorado Supreme Court’s decision in Goodyear Tire & Rubber Co. v. Holmes, which ruled that homeowners or homeowners associations are not entitled to prejudgment interest in situations where the measure of damages is in the form of cost of repairs not yet made. If such an attempt is successful, and prejudgment interest becomes recoverable, this will also increase judgments and settlements in construction defect cases.

When there is still a struggle to provide attainable housing in Colorado, either of these changes would also be a step in the wrong direction. We will continue to watch the goings on at the State Capitol and will report any changes to roll back past changes to Colorado law.
For additional information regarding warranty repairs or about construction defect litigation in Colorado, generally, you can reach David M. McLain by telephone at (303) 987-9813 or by e‑mail at mclain@hhmrlaw.com.

Recent Posts

Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized…

3 weeks ago

Building More Than a Ramp: HHMR and the Home Builders Foundation

Last Friday, four members of the Higgins, Hopkins, McLain & Roswell team traded briefs, depositions,…

3 weeks ago

The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to…

3 weeks ago

Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

Editor's Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals' decision in…

4 weeks ago

Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

For decades, Colorado law has recognized an important distinction between the duty to defend and…

4 weeks ago

Colorado Court Affirms Attorneys’ Fee Award Against Plaintiff’s Counsel for Pursuing Unsupported CCPA Claims

The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000…

1 month ago