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6B26B6362EEFBAFD8725850C00785B94 Hearing Summary




PUBLIC
BILL SUMMARY For SB20-138

SENATE COMMITTEE ON JUDICIARY
Date Feb 12, 2020      
Location SCR 352



SB20-138 - Referred to the Committee of the Whole


02:54:42 PM  

Senator Rodriguez, sponsor, explained Senate Bill 20-138, concerning increased consumer protection for homeowners seeking relief for construction defects. 

 

Wendy Davenson, representing herself, testified in support of the bill.  She explained that six years, the current statute of repose, is not enough time for construction defects to manifest themselves.

 

Roxie Seely, representing herself, testified in support of the bill. She discussed construction defects encountered with a new build and the short filing time. 

 

Shane Fleener, representing himself as a legal advocate, spoke in favor of the bill.  He discussed statutes of repose in other states, equitable tolling, and developers taking advantage of the short time period in Colorado.  He answered questions about the impact of the bill on the housing market. 

 

 

03:12:16 PM  

Edward Fronaphel, representing himself, testified in support of the bill.

 

William York-Fern, representing himself, spoke in favor of the bill. He discussed Colorado's climate and construction defects.  

 

Theordora Bender, representing herself, testified in support of the bill. She discussed foundational issues and redress.

03:20:00 PM  

Kathie Barstnar, representing Homeownership Opportunity Alliance, testified in opposition to the bill. She distributed a handout outlining organizations opposed to the bill (Attachment E). She discussed the construction defects bill passed in 2017. 

 

Ted Leighty, representing Colorado Assocation of Home Builders, testified in opposition to the bill. He raised concerns about the bill's retroactive application and potential impact on the housing market.

 

John Mill, representing Associated General Contractors, testified in opposition to the bill. He discussed negative impacts on construction, equitable tolling, and the broad application of the bill.

 

Committee discussion followed about equitable tolling and the difference between statute of limitations and statue of repose.  The committee asked questions about the Consumer Protection Act. 

 

 

03:52:09 PM  

Committee members asked questions about similar provisions in other states.

03:54:38 PM  

Kelly Campbell, representing American Property and Casualty Insurance Corporation, testified in opposition to the bill. She discussed risk and certainty.

 

Nikolaus Remus, representing the American Institute of Architects Colorado, testified in opposition to the bill.   He discussed equitable tolling and the broad application of bill. 

04:02:14 PM  

Kevin Amatuzio, representing Colorado Defense Lawyers Association and the Association of Defense Trial Attorneys, testified in opposition to the bill.

 

Michael Gifford, representing Associated General Contractors, testified against the measure.

04:10:24 PM  

Dan Gonzales, representing himself, spoke in support of the bill.

 

Jonathon Harris, representing Build Our Homes Right, testified in favor of the bill. He discussed affordable housing. 

 

Heidi Storz, representing herself as a construction defect attorney, testified in favor of the bill.  She discussed practices in other states and answered questions from the committee.

04:22:32 PM  

Craig Nuss, representing himself, testified in favor of the bill.

 

Frank Sturgell, representing himself, testified in support of the bill. He discussed developers use of low quality materials. 

04:28:13 PM  

Letters in support were submitted for the record (Attachment F). 

 

Senator Rodriguez made closing remarks.

04:33:43 PM  

Committee members commented on the bill and the 2017 construction defect legislation. 



04:35:39 PM
Motion Refer Senate Bill 20-138 to the Committee of the Whole.
Moved Rodriguez
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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