Sunday, November 30, 2014

Colorado Defense Lawyers Association to Host a Construction Defect Reform Legislative Preview on December 10th

Construction Defect Reform – A Legislative Preview
December 10, 2014 – 3:00 to 5:00 pm
2 hours CLE applied for
Happy Hour to Follow
Members Only 
There is no question that the conversation surrounding construction defect litigation and legislation is both intensifying and that it has changed tone. Instead of being a dispute between the residential construction industry and homeowners, it has become a conversation between advocates for affordable housing on the one hand and plaintiffs’ construction defect attorneys, speaking either through the Community Association Institute or the Build Our Homes Right Coalition, on the other. On December 10th, the CDLA will host a seminar focused on this discussion, where it has been, and where it is going.
3:00-3:30 pm – A View of Construction Defect Reform at the State Level, by Mr. Tom Clark
Tom Clark is the Chief Executive Officer of the Metro Denver Economic Development Corporation and is currently involved with the Homeownership Opportunity Alliance. The HOA is a broad based coalition that supports a balanced, reasonable, and common-sense approach to improving the current legal environment, meeting the demands of home buyers, increasing the supply of affordable housing, and promoting the repair of defects and protecting the rights of consumers. Mr. Clark will discuss the legislative reform efforts over the last two years, and provide a preview for what may be in store for the 2015 legislative session.
3:30-4:00 pm РA View of Construction Defect Reform at the Local Level, by Ms. Ch̩rie Talbert
Ms. Talbert is the Senior Vice President of Public Affairs and Executive Director of the Metro Housing Coalition Political Committee for the Home Builders Association of Metro Denver. Ms. Talbert is very involved in local politics in the Denver metro area and has been orchestrating the local efforts to address the affordable housing crisis throughout the Denver area. She was instrumental in the passage of Lakewood’s much-discussed Ordinance No. 2014-21, Parker’s less-discussed Ordinance No. 9.217.1 and she is involved in similar efforts in other local jurisdictions. Ms. Talbert will discuss the history behind addressing construction defect reform at the local level, provide some context for the various approaches taken by different jurisdictions, and provide some insight for what other jurisdictions may be contemplating.
4:00 – 5:00 pm – Panel Discussion Regarding the Defense Communities’ Opinions on Various Approaches to Construction Defect Reform, moderated by Dave McLain
This panel discussion is intended to be an open forum and sharing of opinions and ideas among those typically involved in construction defect litigation, including counsel for the general contractor/developer, subcontractors, and design professionals, coverage counsel for both the insurer and the insured, and a representative of the insurance industry. If the legislature takes this issue up in the 2015 legislative session and it results in any legislation being passed, it is likely that the issue will not be addressed again in the foreseeable future. With that in mind, it is imperative that the legislation put forward actually moves the needle with respect to the size and frequency of construction defect lawsuits. Come share your thoughts regarding what might actually make a difference.
5:00 – 6:30 – Happy Hour 
There is no question that the conversation surrounding construction defect litigation and legislation is both intensifying and that it has changed tone.
See you there!
Construction Law Committee

Janet Wells, Chair, Ray Lego & Associates
David M. McLain, Vice Chair, Higgins, Hopkins, McLain & Roswell

Friday, November 21, 2014

Preparing for the 2015 Colorado Legislative Session

As Colorado starts to prepare for the 2015 legislative session, construction defect reform is shaping up to be another key issue under the Capitol dome. Once again, the Homeownership Opportunity Alliance (HOA) will be leading the charge. The HOA is a coalition of Coloradans working to open the doors to homeownership by: 1) protecting consumers from unknowingly entering into litigation and establishing solid processed through which homeowners and developers can work together to achieve a positive resolution to identified defects in construction, and 2) increasing the supply of attainable, affordable housing while protecting the rights of consumers to take legal action.

The HOA's coalition partners include:
American Subcontractors Association
Apartment Association of Metro Denver
Associated Builders and Contractors
Associated General Contractors
Building Jobs 4 Colorado
Colorado Association of Home Builders
CO Assoc. of Mechanical & Plumbing Contractors
CO Assoc. of Plumbing-Heating-Cooling Contractors
Colorado Civil Justice League
Colorado Competitive Council
Colorado Concern
Denver Metro Chamber of Commerce
Denver South Economic Development Partnership
Douglas County Commissioners
Downtown Denver Partnership
Heating, Air-Conditioning, Refrigeration Professionals
Hope Communities
Housing Colorado
Independent Electrical Contractors
Metro Denver Economic Development Corp.
Metro Mayors Caucus
NAIOP Colorado
National Electrical Contractors
Sheet Metal & Air Conditioning Contractor

In addition, the coalition is joined by the following Colorado mayors:
Marc Williams, Arvada
Steve Hogan, Aurora
Sue Horn, Bennet
Dick McLean, Brighton
Rick Pilgrim, Bow Mar
Randy Ahrens, Broomfield
Jeffrey Huff, Castle Pines
Cathy Noon, Centennial
Doug Tisdale, Cherry Hills Village
Gale Christy, Columbine Valley
Sean Ford, Commerce City
Michael Hancock, Denver
Randy Penn, Englewood
Tony Carey, Frederick
Marjorie Sloan, Golden
Ron Rakowsky, Greenwood Village
Bob Murphy, Lakewood
Phil Cernanec, Littleton
Jim Gunning, Lone Tree
Joe Gerlach, Nederland
Joyce Thomas, Northglenn
Mike Waid, Parker
Dallas Hall, Sheridan
Herb Atchison, Westminster
Joyce Jay, Wheat Ridge

To follow the HOA's activities, you can visit its website, follow it on Twitter, or like it on Facebook. In addition to following the HOA, be sure to check back here to stay informed about the latest happenings on the legislative front.


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.