As reported by the Denver Post, the Colorado Senate approved SB91, a bill that seeks to shorten the construction defect statute of repose to five years in Colorado. If a defect is noticed in the fifth year, a homeowner would have one year to sue.
Currently the statute of repose is six years, and provides a homeowner two years to file suit if discovered in the fifth or sixth year.
The vote was 18-17. All Republicans voted in favor and all Democrats voted in opposition.
The bill’s sponsor (Sen. Ray Scott, R-Grand Junction) states that the bill stops builders from being held accountable for normal wear and tear and acts of god. With all due respect, that statement makes no sense.
If a condition is caused by wear and tear or an act of god, that alone is a defense to a construction defect lawsuit. No judge, arbitrator, or jury would award damages for such claims. And if wear and tear was clogging the courts, then the bill should address it directly, not by adjusting the time limit to bring cases for legitimate defects. Instead, this is clearly just a ruse to protect shoddy builders from homeowners seeking the cost to repair their defective homes.
The bill still must pass the democratic controlled House before becoming law.