After a long wait, Colorado SB 13-52 has been scheduled for its first hearing in the Senate Judiciary Committee on Monday, April 15th at 1:30. The long delay in hearing was caused by a desire to wait for the release of a study to determine why there are so few construction professionals willing to build for-sale multi-family projects, particularly those along the Denver Metro Area’s growing web of mass transit lines. Unfortunately, it appears as though there may be a wrench in the works with respect to this study, and it may not be forthcoming after all.
As currently drafted Senate Bill 52 contains the following four parts:
Section 1 creates the “Transit-oriented Development Claims Act of 2013.”
Section 2 institutes a right to repair for construction professionals that receive a notice of claim with respect to a construction defect in a transit-oriented development.
Section 3 institutes a binding arbitration requirement for claims against construction professionals with respect to transit-oriented development. This section also makes construction professionals immune to suit for environmental conditions including noise, odors, light, temperatures, humidity, vibrations, and smoke or fumes causally related to transit, commercial, public, or retail use.
Finally, with respect to construction defect actions in general, Section 4 clarifies that the 90-day tolling provision found within C.R.S. § 13-80-104 for third-party claims against downstream construction professionals tolls the running of the statute of limitation and the statute of repose applicable to those claims.
Current supporters of Senate Bill 13-052 include:
· American Institute of Architects· Associated Builders & Contractors· American Council of Engineering Companies· Associated General Contractors of Colorado· Colorado Association of Geotechnical Engineers· Colorado Association of Home Builders· Colorado Association of Mechanical & Plumbing Contractors· Colorado Association of REALTORS· Colorado Civil Justice League· C3, the Colorado Competitive Council· Colorado Concern· Colorado Contractors Association· Denver Metro Chamber of Commerce· Denver South Economic Development Partnership· Denver Water· Douglas County Business Alliance· Downtown Denver Partnership· Hispanic Contractors of Colorado· Housing Colorado· Independent Bankers of Colorado· Independent Electrical Contractors of Colorado· International Electrical Contractors· Mayor Jim Gunning, Lone Tree· Mayor Bob Murphy, Lakewood· Mayor Marc Williams, Arvada· Mayor Heidi Williams, Thornton· Metro Denver Economic Development Corp.· Metro North Chamber of Commerce· NAIOP Colorado· Professional Independent Insurance Agents of Colorado· Rocky Mt. Chapter, National Electrical Contractors Association· Structural Engineers Association of Colorado
The Senate Judiciary Committee is made up of five members, including Senator Guzman, the Chairman, Senator Ulibarri, the Vice-Chairman, Senator Aguilar, Senator King, and Senator Lundberg. If you are available to come to support the bill on Monday, please make a point of it.
To learn more about SB 52 or construction litigation in Colorado, you can reach David M. McLain at (303) 987-9813 or by e-mail at mclain@hhmrlaw.com.
