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CO SB106
Bill
AI Summary
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Clarifies that persons on whose behalf construction defect claims are brought are considered claimants subject to Construction Defect Action Reform Act procedures.
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Grants construction professionals the right to remedy claims by performing remedial work or hiring another professional, with claimants deemed to have settled the claim upon completion and limited to claims regarding improper remedial performance.
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Adds alternative dispute resolution forms (beyond mediation) to hold claims in abeyance as binding processes; accepted settlement payment offers release the cause of action and are inadmissible in subsequent proceedings except enforcement actions.
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Requires unit owners' associations to obtain written consent from at least 60% of unit owners (increased from majority) before initiating construction defect actions, with owners acknowledging receipt of required disclosures and their obligation to disclose known defects upon sale.
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Restricts negligence claims for construction defects resulting from building code or industry standard violations unless failure causes actual property damage, loss of use, bodily injury/wrongful death, or imminent and unreasonable risk to occupant safety; preserves tort, contract, warranty, and statute/ordinance violation claims.
Legislative Description
Right to Remedy Construction Defects
Courts & Judicial
Last Action
House Committee on Transportation, Housing & Local Government Postpone Indefinitely
5/3/2024