Current law declares void any express waivers of or limitations on
the legal rights or remedies provided by the Construction Defect Action Reform Act or the Colorado Consumer Protection Act. Sections 1 and 4 make it a violation of the Colorado Consumer Protection Act to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law. Section 4 also requires a court to award to a claimant that prevails in a claim arising from alleged defects in a residential property construction, in addition to actual damages, prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter.
Current law requires that a lawsuit against an architect, a
contractor, a builder or builder vendor, an engineer, or an inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of an improvement to real property must be brought within 6 years after the claim arises. Section 2 increases the amount of time in which a lawsuit may be brought from 6 to 10 years. Current law also provides that a claim of relief arises when a defect's physical manifestation was discovered or should have been discovered. Section 2 also changes the time when a claim of relief arises to include both the discovery of the physical manifestation and the cause of the defect. Section 3 voids a provision in a real estate contract that prohibits
group lawsuits against a construction professional. Section 5 of the bill prohibits governing documents of a common
interest community from setting different or additional requirements than those in current law for a construction defect action.
