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The HBA Advocate Newsletter | March 5, 2024



March 5, 2024

In this edition:

  • Construction Litigation Reform bill moving forward at state capitol:
    • Senate Bill 24-106 - the industry-led legislation focused on reducing insurance costs for condo projects, providing ways to resolve disputes faster, and a Right-to-Remedy - will be heard before the Senate Local Government and Housing Committee today at 2pm.
    • A press conference is scheduled for 1pm before the hearing to highlight broad support for the bill.
  • Larimer County considering City of Thornton's 1041 water-pipeline permit:
    • Dates have been set for Planning Commission and the Board of County Commissioners hearings in April on disputed pipeline.
  • DRCOG launches Regional Housing Needs Assessment:
    • DRCOG and the HBA of Metro Denver are holding a workshop on March 28th to gather input from the residential construction industry.
    • HBA of Metro Denver builders and developers should contact Morgan Cullen at to participate

Construction Litigation Reform Bill Introduced in the Colorado General Assembly

Senate Bill 24-106, the industry-led proposal designed to accelerate condo development and other badly needed multi-family housing across the state, will be heard before the Senate Local Government and Housing Committee today at 2 o’clock.

Last month, Sen. Rachel Zenzinger and Rep. Shannon Bird introduced the bill, hope to reform construction liability litigation that has severely restricted multifamily and affordable housing across the Colorado over the past two decades. SB24-106 would allow the construction of this needed inventory and create more opportunities for Coloradans to build wealth through homeownership by:

  • Lessoning insurance costs by reducing the magnitude and frequency of claims, and
  • Providing other means to resolve disputes faster for homeowners.

Since 2001, there have been several amendments to the Construction Defect Action Reform Act, resulting in frivolous lawsuits and contractor’s liability insurance spiking since insurers have left the market. Development of condominiums - one of the most affordable housing options - has virtually halted, and the cost of litigation has been passed onto Colorado homeowners.

The Homeownership Opportunity Alliance - a coalition that includes the Metro Denver and state HBAs, real estate and construction associations, business organizations and chambers, and civic groups like the Metro Mayors Caucus - will be working to pass this legislation. Metro Denver HBA’s 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 - policy changes that will go a long way toward improving the development climate so we can once again build condos to diversify our housing stock and improve affordability throughout Colorado.

Larimer County to Consider City of Thornton's 1041 Water Pipeline Permit Application

On November 20, 2023, the City of Thornton formally submitted a new application asking Larimer County to approve a permit to build a buried water pipeline for transporting water to Thornton. The Thornton Water Project will deliver an average of 14,000 acre-feet of high-quality water that Thornton owns in the Water Supply and Storage Company System (WSSC) to its residents. This project is critical to ensure water supply reliability and drought resiliency; provide drinking water that is protective of public health, safety and welfare; support the availability of housing; and meet municipal water demands in the city through 2065.

The City of Thornton has just confirmed the following dates have been set for the public hearings in Larimer County for consideration of their 1041 Permit application:

  • Larimer County Planning Commission: April 10 (additional hearing dates scheduled for April 11 and April 17 if necessary).
  • Larimer County Board of County Commissioners: April 22 (additional hearing dates scheduled for May 6, May 8 and May 20 if necessary)
  • All hearings will be held at 6 p.m. in the Hearing Room - 1st floor of the Larimer County Administrative Services Building, 200 West Oak Street, Fort Collins.

This project is critical to ensuring our industry’s ability to meet the long-term housing needs of Colorado’s growing population for decades to come. The HBA of Metro Denver will be actively participating in the hearing process, and we are encouraging our active builders and developers in Thornton to do the same. If you are interested in making your voice heard on this important issue, please reach out to Morgan Cullen at for more information.

DRCOG Conducting a Regional Housing Needs Assessment
The Denver Regional Council of Governments (DRCOG) is undertaking a Regional Housing Needs Assessment (RHNA) to better understand current and future housing needs in the region, inform potential strategies that could be pursued regionally and locally to better meet those needs, and define DRCOG’s role in the housing conversation.

The project team has gathered a baseline understanding for the total number of housing units needed to meet anticipated growth and fill current gaps, as well as how these needs are distributed across different income brackets. At this stage in the project, DRCOG is hoping to gain insight on the following:

  • Key challenges and barriers across the region that limit housing production, cost, choice, location, etc.;
  • Potential opportunities and strategies that could be implemented to overcome those barriers and provide affordable housing;
  • Balance and relationships between local and regional actions, initiatives and strategies; and
  • Opportunities for collective action and partnership.

Throughout this process, DRCOG’s project team will convene multiple stakeholder groups representing an array of interests and perspectives to provide a better understanding of current conditions, challenges and opportunities. DRCOG and the HBA will be holding a stakeholder workshop on March 28 to gather input from the residential construction industry and would appreciate the input from the HBA’s builder and developer members.

If your company is interested in participating, please reach out to Morgan Cullen for more details at

HBA of Metro Denver Issue Tracker
Questions on what is happening in a specific city or county? The HBA is regularly monitoring the council and board activities in every political subdivision in the metro Denver area. Our Issue Tracker offers a great resource to learn about the issues being deliberated with links to agendas, packets and ordinances. The HBA of Metro Denver HBA Issue Tracker is available to all members here.



HBA is looking for Members to Participate in Advocacy, Regulatory and Technical Committees in 2024

As a volunteer-driven organization, the HBA's Jobsite Safety CommitteePermitting CommitteeRegulated Utilities Committee and Stormwater Management Committee help guide the HBA's events and activities throughout the year. Consider joining one, or more, if you want to build strong, long-lasting relationships and make a difference to your fellow HBA members, while sharpening your leadership skills. Please visit the HBA website for more information or reach out to Morgan Cullen if you are ready to participate.

Thank you to HBA's 2024 Organizational Partner:

Corporate Partners:

Contact Connie Dahl for more info on becoming an HBA Sponsor, or visit for more information!

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