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CAHB Advocacy Update

One of these bills, SB24-106, is aimed at reforming construction liability litigation in Colorado. The Homeownership Opportunity Alliance—a coalition that includes the Metro Denver, Colorado Springs, and state HBAs, real estate and construction associations, business organizations and chambers, and local government and civic groups like the Metro Mayors Caucus—will be working to pass this legislation. CAHB CEO Ted Leighty is on the alliance’s executive committee. SB24-106 includes key provisions such as a Right-to-Remedy, Informed Consent and Negligence Per Se that we hope will bring balance to the condo development market and in turn go a long way toward diversifying our housing stock and improving affordability throughout Colorado.

In response to SB24-106, a bill developed by trial attorneys was introduced shortly after. This bill, which the CAHB opposes, is HB24-1230. It would make it a violation of the "Colorado Consumer Protection Act" to obtain or attempt to obtain a waiver or limitation on the legal rights or remedies provided by the "Construction Defect Action Reform Act" or the "Colorado Consumer Protection Act." This bill would require a court to award to a claimant that prevails in a claim arising from alleged defects prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter. The bill would also increase the amount of time in which a lawsuit may be brought from 6 to 10 years, void any provision in a real estate contract that prohibits group lawsuits against a construction professional, and prohibit governing documents of a common-interest community from setting different or additional requirements (mediation and arbitration) than those in current law for a construction-defect action.

These are just two of the many bills that have been introduced, and from what we have seen it is and will continue to be a very active session for the CAHB team – both proactively and defensively.

To review a complete list of the CAHB’s legislative positions—including bills that the GAC supported, opposed and monitored—please visit the CAHB Bill Tracker.

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