The “right to repair” laws that Colorado and many other states have implemented were meant to benefit everyone involved with construction. They allow for a dialogue between construction professionals and owners that can lead to the swift resolution of conflicts, and they relieve pressure on a court system that may otherwise be limited by an overwhelming amount of construction defect lawsuits. So why isn’t it enough?
In part one of this two-part series, the attorneys at Cotney Construction Law, a Colorado Springs construction law firm, broke down the stipulations of the right to repair laws in Colorado. Now, we will be discussing why there is room for improvement when it comes to the right to repair laws in The Centennial State.
Stronger Right to Repair Laws
It is still far too easy for litigious homeowners to file suit against contractors and construction firms. The right to repair laws may require that an owner give notices and allow an inspection, but they in no way require an owner to accept a construction professional’s offer to repair a defect, even if that offer is completely reasonable. This allows owners to move forward on claims against insignificant construction defects.
On February 7, 2017, House Bill 1169 was introduced by Colorado’s legislature. This bill would have required owners to give “unfettered access” to construction professionals seeking to repair a construction defect; however, it was rejected on the grounds that it took away an owner’s right to refuse inadequate repairs.
Colorado’s Affordable Housing Crisis
Construction firms are forced to pay higher insurance rates, which in turn leads to higher building costs. This discourages construction of new homes and condominiums, resulting in higher rent. This domino effect has contributed to an affordable housing crisis in Colorado. While a lawsuit can begin with a single owner, it’s effect can be felt by everyone in a community, from construction workers to families looking for an affordable place to live.
Even the most baseless of claims can have far-reaching consequences. Which is why it’s so important that you partner with an attorney at our Colorado Springs construction law firm. Protect yourself from a construction defect claim by hiring an experienced lawyer at Cotney Construction Law.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.