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 10^th, 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 – A View of Construction Defect Reform at the Local Level, by Ms. Chérie 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

Register Now!

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.