As predicted, the first construction defect bill of the session has been introduced in Colorado and it’s a real whopper! Senator Ray Scott (R-Mesa County) has introduced Senate Bill 15-091 (“SB 91”), which would cut the statute of repose in half for construction defects.
While statutes of limitations and repose for construction defects can be very complicated to figure out in Colorado, the statute of repose governs the timeframe during which a homeowner can bring legal action for construction defects after substantial completion of their home has taken place. SB 91 reduces the 6 year period of time currently permitted under Colorado law to 3 years. In addition, if a defect is discovered in the second or third year after substantial completion of the home has occurred, the owner of the home will only have 1 year to bring their legal action. This provision provides a double whammy by cutting the current 2 year statute of limitations in half!
Experts in construction defect law will tell you that only Virginia, Louisiana, Tennessee and Arkansas have a shorter statute of repose than is currently the law in Colorado. If SB 91 passes and is signed into law, Colorado will join these states in the dubious distinction of being one of the worst states in the country to protect the right of homeowners to seek redress for construction defects.
SB 91 has been assigned to the Senate State, Veterans & Military Affairs Committee. Stay tuned to this blog for updates on this frontal attack on the rights of homeowners to seek redress for construction defects to the biggest purchase they will make in their lives – their home.