Colorado Construction Litigation Blog

In an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House Bill 24-1230 on February 12, 2024.  The bill was assigned to the House Judiciary Committee and is scheduled for hearing on March 6th, during the afternoon session beginning at 1:30 pm.  To date, the bill does not have any senate […]

HB24-1014 stands to eliminate the longstanding public impact requirement found within C.R.S. § 6-1-105(2) of the Colorado Consumer Protection Act (“CCPA”).  While this proposed change professes the noblest intentions of “public peace, health or safety,” its effect portends a large detriment to Colorado business and an astronomical payday for Colorado plaintiffs’ attorneys. Brief History For […]

January 10th marked the first day of the 2024 Colorado legislative session.  After the pomp and circumstance of opening day, a total of eighty-six bills were introduced.  Among them, two impact the construction and insurance industries.  First, House Bill 24-1008 would make general contractors and their subcontractors, which are direct employers of an employee, jointly […]

Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days […]

Colorado Legislature Postpones Indefinitely SB 20-093

As previously reported, for certain consumer and employment arbitrations, Senate Bill 20-93 would have: Prohibited the waiver of standards for and challenges for evident partiality prior to a claim being filed and required any waiver of such provisions after the claim is filed to be in writing; Provided that the right of a party to challenge […]

As previously reported, SB 20-138, “Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects,” would have extended the Colorado statute of repose applicable to construction defect claims.  Senate Bill 20-138, if enacted, would have: Extended Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years; Required tolling of the statute […]

In any other year, we currently would be about one month away from the end of the regular legislative session, but this is not any other year.  In mid-March, and in response to growing concerns over the COVID-19 pandemic, the Legislature temporarily adjourned, 67 days into our Constitutionally-mandated 120-day legislative session.  The Legislature sought guidance […]

On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or prove a failure-to-cooperate defense […]

On Tuesday, February 18th, the Colorado House Business Affairs & Labor Committee voted 10-0 to postpone indefinitely House Bill 1046.  If it had been enacted, HB 1046 would have required, for all for all construction contracts of at least $150,000: A property owner to make partial payments to the contractor of any amount due under the […]

NEWS RELEASE February 12, 2020 METRO AREA MAYORS URGE NO VOTE ON SB 93 AS WRITTEN Hancock: “Now is not the time to shift Colorado into reverse and undo the great work this General Assembly has done to promote attainable housing.” Denver, CO – Today, Denver area mayors joined the chorus of business organizations, housing […]

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