Take Action: Support Reform for Construction Defects

Take action now – support construction defects litigation reform.

We need your help on a top legislative priority: construction defects. Senate Bill 156 is to be assigned to a House Committee today or tomorrow and we need you to help key legislators understand the importance of granting this important bill a fair hearing – so act now.

Many of you know that for four years we have battled to make changes to construction defects litigation law. These changes would encourage more development of entry-level for-sale real estate, a desirable housing option for our workforce that is not being built today because of the litigation environment. This is of particular importance to millennials, now the largest portion of workers in our economy. Senate Bill 156 requires alternative dispute resolution before filing a lawsuit if written into the governing documents of a homeowner’s association; requires that all condo owners receive notification of a lawsuit prior to filing; and requires that a majority of owners support a lawsuit prior to filing. We believe these critical components of addressing construction defects litigation will increase more for-sale workforce housing while still protecting consumers. The Chamber supports this process, which allows for a quick resolution of construction issues that is fair to homeowners who need repairs, while also protecting the rights of all owners in a community. The business community is not alone in our support of this bill – a broad coalition of community leaders and affordable housing advocates support this solution.

Senate Bill 156 passed the Senate last week, but it now faces a hurdle in House committee assignments today or tomorrow. Our hope is it will be assigned to the most appropriate committees in the House – Business Affairs and Finance. We are encouraging House leadership to give their colleagues who specialize in analyzing business and financial policy the opportunity to represent their constituents on this critical issue and need you to ask House leadership to do the same. The Business Affairs Committee and Finance Committee are the most suitable committees for this hearing as they are composed of legislators who have the expertise to vet this legislation fairly.

Our democracy of representative government involves a great amount of trust and respect for elected officials. As members of the business community, we trust our elected officials to represent our voice as they create the right policy. That’s why it’s particularly frustrating when our elected officials aren’t given the opportunity to weigh in on an issue of importance for us. Join us in respectfully urging House leadership to give Senate Bill 156 a fair hearing and a fair vote on the House floor. Ask leadership to give the state House of Representatives, as a whole, the opportunity to voice their opinion on this critical matter.

Kelly Brough is the president and CEO of the Denver Metro Chamber.