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CO SB106

Bill

Status

Failed

5/3/2024

Primary Sponsor

James Coleman

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Clarifies that persons on whose behalf construction defect claims are brought are considered claimants subject to Construction Defect Action Reform Act procedures.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Transportation, Housing & Local Government5/1/2024
Committee of the Whole3/21/2024
Local Government & Housing2/5/2024

Full Bill Text

No bill text available