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Homebuyers get less time to sue over defects

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Thursday, March 19, 2015 7:33 PM
Homeowners at Rivergate Lofts, south of downtown Durango, won a $26.4 million settlement in 2011 after it was determined there were significant stabilization and support problems associated with defective construction. State lawmakers are debating whether to make it more difficult to file construction defect lawsuits.

DENVER – A Senate committee on Monday advanced a measure that would shorten the length of time homeowners have to sue over construction defects.

The Republican-backed measure passed the Senate State, Veterans and Military Affairs Committee on a party-line vote. It faces a tough climb if it makes its way to the Democratic-controlled House.

Senate Bill 91 would lower the overall length of time homeowners have to sue from eight years to six.

Sen. Ray Scott, R-Grand Junction, who sponsored the bill, had sought to lower the time to four years. But he offered an amendment Monday to strike a deal at six years.

Democrats still rejected the measure, including Sen. Jessie Ulibarri of Westminster, who is sponsoring a second bipartisan construction-defect measure scheduled for Wednesday in the Senate Business Labor and Technology Committee.

That bill, Senate Bill 177, aims to curb lawsuits by requiring mediation, or arbitration, and the majority of homeowners in an association to agree to file a lawsuit, before legal action can be taken. It is viewed as a compromise.

Lawmakers have been working on construction-defect reform for several years, hoping that this is the year to get a measure over the finish line.

Supporters say the issue is about encouraging developers to build while vacancies are low and housing prices are high

But opponents of the measures believe the bills would do little to spur development, while eroding the rights of homeowners.

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