Date: 04/22/2015

Final
BILL SUMMARY for SB15-091

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone Senate Bill 15-091 indefinitely. The moti
Refer Senate Bill 15-091 to the Committee of the W		PASS
FAIL



12:13 PM -- SB15-091


The committee returned to order. Representative Willett, sponsor, presented Senate Bill 15-091. The reengrossed bill reduces from eight years to six years the statute of repose for construction professionals in Colorado. The statute of repose is the maximum period for a legal action against any construction professional (architect, contractor, builder, builder vendor, engineer, or inspector) performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property. For construction professionals involved in any of the outlined processes related to single-family home construction, the statute of repose is five years, unless the cause for legal action arises in the fourth or fifth year after substantial completion of the improvement, in which case the legal action may be brought in the sixth year.


12:18 PM

Representative Willett responded to questions from the committee about the practical effect of the bill.

12:19 PM -- Jeff Ruebel, representing the Colorado Civil Justice League, testified in support of the bill. Mr. Ruebel spoke about the current statute of repose and the time it takes to discover construction defects. He discussed the limitations of the bill and commented that it is narrowly tailored to address the problems associated with construction defects. He responded to questions from the committee about other states with a similarly low statute of repose.

12:26 PM -- Jesse Witt, representing the Community Associations Institute, testified in opposition to the bill. Mr. Witt expressed his opinion that the bill hurts homeowners. He indicated that the bill does not address deferred maintenance and that in order to prove a construction defect claim, a plaintiff must prove negligence. He stated that shortening timelines encourages litigation. Mr. Witt responded to questions from the committee.

12:33 PM -- Liberty Lewis, representing herself, testified in opposition to the bill. Ms. Lewis spoke about the potential decrease of the statute of limitations to one year. She discussed how forensic engineers determine how structural damage occurs. She responded to questions from the committee.

12:40 PM -- Loel and Merla Sirovy, representing themselves, testified in opposition to the bill. Mr. Sirovy discussed his personal experience with construction defects as a homeowner. He expressed his opinion that homeowners need as much time as possible to discover defective construction. They responded to questions from the committee about their situation.


12:48 PM

Representative Willett wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB15-091
TIME: 12:51:00 PM
MOVED:Willett
MOTION:Refer Senate Bill 15-091 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB15-091
TIME: 12:52:58 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-091 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS