Colorado already has one of the shortest construction defect statutes of repose in the United States. If a homeowner does not discover a defect within six years of a house’s completion, the homeowner may forfeit all legal rights to seek repairs. Senator Ray’s bill would cut this time in half and could preclude homeowners from obtaining any relief three years after a home is built. No other state in America has such a severe limit on homeowner rights.
In 2014, legislators considered a last-minute bill to restrict the ability of homeowner associations to obtain construction repairs for their members, but the bill died before reaching the floor for a vote. Some politicians have argued that Colorado's current laws make it difficult for developers to earn sufficient profits on low-priced homes, and that developers should be given immunity for defective work to encourage them to erect more cheap condominiums in their districts.
Senator Scott's bill, SB 15-091, is the first bill of this session to address this issue, but more are expected to follow in the coming months. The complete text is available online at the General Assembly's website.
Please contact The Witt Law Firm for more information on this subject or other construction law issues.