At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

Legislation word on paper in typewriter

If passed, this bill would go along way in creating an environment where builders may reassess the risk of building condominiums and townhomes in Colorado.

February 12, 2024
David McLain - Higgins, Hopkins, McLain & Roswell, LLC

On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the most impactful, as described in the bill summary, along with my commentary thereon:

Sections 3 and 6 – A True Right to Repair
Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

  • The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
  • Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

Mr. McLain may be contacted at mclain@hhmrlaw.com



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