Changes to Colorado Construction Defect Laws in 2024
Posted March 12, 2024 in Uncategorized
Changes to Colorado Construction Defect Laws in 2024: a Basic Overview
In February, the Senate introduced Bill 24-106, which proposes new changes to construction defect actions in Colorado. Modifying key provisions of the Construction Defect Action Reform Act (“CDARA”), SB 24-106 intends to help create affordable housing by decreasing costs to developers by reigning in construction defect litigation. SB 24-106 focuses heavily on condominiums. While this is not law yet, it a preview of things to come.
Proposed Changes
Below are some of the key changes to CDARA that SB 24-106 proposes:
- Re-defining who has standing to bring construction defect claims (amending C.R.S. 13-20-802.5)
- Modifying a construction professional’s rights and responsibilities during the notice of claim process as well as settlement and arbitration procedures (amending C.R.S. 13-20-803.5)
- Adding new provisions providing rules for Homeowners’ associations (HOA) bringing claims against a construction professional (adding C.R.S. 13-20-803.7; C.R.S. 38-33.3-302(3)(c))
- Amending the “actual damage” requirement for building code/industry standard claims to include an “imminent and unreasonable” risk or threat requirement, among other things (amending C.R.S. 13-20.804)
- Modifying/clarifying a construction professional’s rights and responsibilities during the notice of claim process as to invoking its right to remedy to cure a claim (adding C.R.S. 13-20-809)
- Stating that Part 8 does not create a separate cause of action. (adding C.R.S. 13-20-810)
Again, while this bill is not law yet, it is worth paying attention to considering the state’s ever-changing public policies surrounding affordable housing.
Construction Defect laws in Colorado are complex and evolving. At Volpe Law LLC, our attorneys are ready to help you with your potential claim or defense: give us a call at 720-441-3328 or complete a consultation request form for more information on how we can help!
DISCLAIMER
The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.