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h_sa_2017a_2017-03-01t13:32:01z2 Hearing Summary

Date: 03/01/2017

Location: LSB A

Final

BILL SUMMARY for HB17-1169



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS


Votes: View--> Action Taken:
Postpone House Bill 17-1169 indefinitely. The moti

Refer House Bill 17-1169 to the Committee of the W
PASS

FAIL







02:57 PM -- HB17-1169



Representative Leonard, sponsor, presented House Bill 17-1169. Under current law, before a claimant can bring suit against a builder for alleged construction defects, the claimant must notify the builder of the intent to bring suit, and allow the builder and his or her sub contractors reasonable access to the property to inspect the claimed defect. Following this inspection, the builder may offer to settle the claim with a monetary offer, or agree to remedy the claimed defect. A written offer to remedy the defect must include details concerning the defect found as a result of the inspection, a description of the additional work necessary to remedy the defect, and a timetable for completion.



The bill requires that a builder's written notice also include an offer of monetary compensation for lodging and storage if the claimant will be required to vacate the property during the remedy. If the construction professional does not give notice of an election to repair, or if the claimant rejects either a monetary settlement or an offer to repair, the claimant may commence an action in the courts.



Representative Leonard provided two handouts to the committee (Attachments A and B). Representative Leonard answered questions from the committee.



17HouseState0301AttachA.pdf17HouseState0301AttachA.pdf 17HouseState0301AttachB.pdf17HouseState0301AttachB.pdf



03:15 PM --
David Carpenter, Colorado Republican Business Coalition, testified in support of the bill. Mr. Carpenter answered questions from the committee.



03:19 PM --
Amanda Silvestri, representing herself, testified in opposition to the bill. Ms. Silvestri answered questions from the committee.



03:24 PM --
Jon Harris, Build Our Homes Right, testified in opposition to the bill. Mr. Harris provided a handout to the committee (Attachment C).



17HouseState0301AttachC.pdf17HouseState0301AttachC.pdf



03:27 PM --
Suzanne Leff, Community Associations Institute, testified in opposition to the bill. Ms. Leff answered questions from the committee.



03:34 PM --
Gina Marino, representing herself, testified in opposition to the bill.



03:37 PM --
Beverly Nelson, representing herself, testified in opposition to the bill.



03:42 PM --
Tim Reilly, National Association for Industrial and Office Parks and International Council of Shopping Centers, testified in support of the bill. Mr. Reilly answered questions from the committee.



03:55 PM --
Ed Fronapfel, Solutions Before Solutions After, testified in opposition to the bill.



03:59 PM --
Adam Maldonado, Reconstruction Experts, Inc., testified in opposition to the bill.



04:03 PM --
Edie Lilly, representing herself, testified in opposition to the bill.



04:06 PM --
Emma Lilly, representing herself, testified in opposition to the bill.





04:08 PM



Ms. Edie Lilly and Ms. Emma Lilly answered questions from the committee.





04:13 PM



Representative Leonard made concluding remarks about the bill. Committee members made comments about the bill.

BILL: HB17-1169
TIME: 04:31:33 PM
MOVED: Leonard
MOTION: Refer House Bill 17-1169 to the Committee of the Whole. The motion failed on a vote of 3-6.
SECONDED: Williams D.
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
Yes
Melton
No
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB17-1169
TIME: 04:31:37 PM
MOVED: Melton
MOTION: Postpone House Bill 17-1169 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Weissman
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:32 PM



The committee adjourned.