80AE8AA5F458D27887258AD90023D32E Hearing Summary

Representative Parenti and Bacon, prime sponsors presented House Bill 24-1230, concerning protections for property owners with respect to improvements to real property. Representative Parenti explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the legislation. Discussion ensued regarding the potential impact of the bill on home-building costs, and the reasons why developers are not building condominiums. Discussion ensued regarding the data supporting the increase of the statutory limitation period for pursuing construction defect actions.  Public comment on HB 24-1230 may be found at Attachment L.

Jenifer Miller, representing herself, testified in support of the bill.

Daniel Gonzalez, representing himself, testified in support of the bill.

Lauren Smith, representing Soul 2 Soul Sisters, testified in support of the bill.

Ashraf Shaikh, representing himself, testified in support of the bill.

Mr. Nikolaus Remus, representing Colorado Chapter of the American Institute of Architects, testified in opposition to the bill.

Mr. Michael Gifford, representing AGC Colorado, testified in opposition to the bill.

Mr. Ted Leighty, representing Colorado Association of Home Builders, testified in opposition to the bill.

Mr. Leighty responded to questions regarding his preferred form of relief for those who suffer losses from defective construction, and data surrounding insurance for new property. Mr. Gifford provided examples of condominium lawsuits. Mr. Leighty responded to questions regarding construction defect laws in other states, and the impact of these laws on condominium construction. Discussion returned to insurance.

David Seligman, representing Towards Justice, testified in support of the bill.

Heidi Storz, representing herself, testified in support of the bill.

Mike Lowder, representing himself, testified in support of the bill.

Ms. Storz responded to questions regarding different legal thresholds with respect to construction defects, and defect laws in other states. Discussion ensued regarding waiver of certain rights to relief, and damages associated with strict liability. Discussion followed regarding the existence of frivolous lawsuits with respect to construction defects. Mr. Seligman responded to questions regarding deceptive trade practices in the area of construction defects.

Representative Parenti explained the effect of amendment L.001 (Attachment M).

Representatives Parenti and Bacon provided closing remarks in support of HB 24-1230. Various committee members provided their positions on the bill.