Friday, January 25, 2013

CAHB's Position Statement Regarding SB 13-52

I received today a communication from the Colorado Association of Home Builders regarding the background and benefits of Senate Bill 13-052. Please take a moment to read this information.

Please Support Senate Bill 13-52

Supporting Transit-Oriented Development and Multi-Family Housing


  • Affordable housing and transit-oriented, mixed-use developments—or TODs—are facing a crisis of scarcity in Colorado—especially in the Denver metro area.
  • Since 2007—when the General Assembly opened mixed-use developments to a host of legal attacks—the percentage of owner-occupied, multi-family units built in the Denver metro area has declined from 25 percent of all units built to 2 percent. With the increased risk of litigation, developers have clearly avoided construction of new multi-family developments.

  • Lack of construction of owner-occupied, mixed-use development denies consumers the most affordable housing product available and denies those interested in easy access to mass transit the opportunity of owning units near light-rail stations.

  • Multi-family developments fit well with current urban-planning trends, and the Denver metro area may be one of the best examples of this across the nation.

  • RTD’s FasTracks is relying on TODs as a key component of the project’s development, future ridership and financial projections.

SB13-52, the Transit-oriented Development Claims Act of 2013:

    •   Establishes a right to repair for construction professionals that receive a notice of claim for a construction defect in a TOD

    • Creates a binding arbitration requirement for claims against construction professionals with respect to TODs and makes construction professionals immune for environmental conditions including  noise,  odors,  light, temperatures,  humidity,  vibrations,  and  smoke  or  fumes related to transit, commercial, public and/or retail use

    • Clarifies the statute of repose for the 6-year statute of limitations for actions against architects, contractors, builders, builder vendors, engineers or inspectors involved in improvements to real property

Who Supports of SB-52?

  • Associated General Contractors of Colorado
  • Colorado Association of Home Builders
  • C3, the Colorado Competitive Council
  • Colorado Concern
  • Colorado Contractors Association
  • Denver Metro Chamber of Commerce
  • Mayor Bob Murphy, Lakewood
  • Mayor Marc Williams, Arvada
  • Mayor Heidi Williams, Thornton
  • Mechanical & Plumbing Contractors of Colorado
  • NAIOP Colorado

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The information contained in this blog is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter.