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Yet Again, No Construction Defect Law Reform For Colorado

As was the case the past four legislative sessions, Colorado lawmakers again failed to reach a compromise on construction defect law reform, and no new state legislation on the issue will be introduced this legislative session. This surely means Colorado will continue to face uncertainty in the condominium construction industry. While developers feel there is currently too high a risk of construction defect lawsuits to build low-cost condominium communities, opponents contend that any construction defect law reform must provide homeowners with sufficient legal remedies to protect them from shoddy construction work.

While many cities and municipalities have passed their own construction defect ordinances to fight the current housing crisis in Colorado and encourage construction of condominiums, it is yet to be seen whether these ordinances would be enforceable if challenged in court, or if a court would determine they are preempted because they conflict with state law. At least for now, the uncertainty will continue. To learn more, clickhere and here.

Brian DenlingerComment