Hope All but Lost for Construction Defects

by Tony Flesor

Although some construction defects reform bills remain in the legislature, the likelihood of reform happening this session is continuing to shrink.
At the beginning of the legislative session, construction defects reform was once again identified as a key issue for legislators. Yet, as the session has gone on, the reform package crumbled one bill at a time. Now, a bipartisan bill introduced in March is still awaiting a hearing in the House kill committee and the most likely avenue for change comes from the Colorado Supreme Court case Vallagio at Inverness v. Metropolitan Homes, Inc. which had oral arguments at the beginning of March.
Construction defects has been a key issue in the legislature for years as lawmakers have sought to accommodate Colorado’s continuously growing population and rising housing costs by reducing the risk to developers for construction defects lawsuits. Although the likelihood of the legislative efforts being able to achieve the desired outcome has been under question, the issue has persisted, and after having no major legislation introduced in the 2016 session, proponents have vigorously pursued the issue this year.
Thus far, however, three major construction defects bills have already died.

To read this story and other complete articles featured in the April 3, 2017 print edition of Law Week Colorado, copies are available for purchase online.