May 21, 2019

SB 13-052: With Respect to Certain Real Property Construction Defect Actions, Creating the “Trans-Oriented Development Claims Act of 2013”

On Wednesday, January 16, 2013, Sen. Mark Scheffel introduced SB 13-052 – Concerning Real Property Construction Defect Actions, and, in Connection Therewith, Enacting the “Transit-Oriented Development Claims Act of 2013.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

With respect to construction defect actions involving transit-oriented development, the bill makes the following changes to the law:

  • Creates the “Transit-oriented Development Claims Act of 2013.”
  • Institutes a right to repair for construction professionals that receive a notice of claim with respect to a construction defect in a transit-oriented development.
  • Institutes a binding arbitration requirement for claims against construction professionals with respect to transit-oriented development. This section also makes construction professionals immune to suit for environmental conditions including noise, odors, light, temperatures, humidity, vibrations, and smoke or fumes causally related to transit, commercial, public, or retail use.

With respect to construction defect actions in general, the bill clarifies the statute of repose for the six-year statute of limitations for actions against architects, contractors, builders, builder vendors, engineers, or inspectors involved in improvements to real property. The bill is assigned to the Judiciary Committee.