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First Regular Session | 75th General Assembly
Colorado General Assembly

PUBLIC
BILL SUMMARY For SB25-185

HOUSE COMMITTEE ON JUDICIARY
Date Apr 22, 2025       Location HCR 0107

SB25-185 - Referred to the Committee of the Whole
04:07:05 PM  
Representatives Soper and Bacon, prime sponsors, presented Senate Bill 25-185. The bill clarifies that both original and subsequent homeowners may assess certain damages to construction companies. Representative Soper explained the effect of the bill and discussed its need. Representative Bacon provided further input on the merits of the legislation. Representative Bacon responded to questions on the events that initiated the bill. Discussion ensued regarding some jurisprudence surrounding the bill, and the process for seeking relief under SB 25-185.
04:32:22 PM  
Mr. David McLain, representing the Colorado Association of Home Builders, testified in support of the bill.

Mr. McLain responded to questions regarding liability exposure for certain professionals under SB 25-185, and the scope of the problem addressed by the bill.  Mr. McLain responded to further questions regarding parties held responsible under the bill, and who sets limitations on liability under the bill. Mr. McLain responded to questions regarding jurisprudence that impacts SB 25-185, and the interplay between the bill and other legislation adopted by the General Assembly.  Discussion ensued regarding the chain of custody for a given property.
05:08:28 PM  

Mr. Brant Lahnert, representing the American Council of Engineering Companies of Colorado, testified in opposition to the bill. Mr. Nate McHargue, representing the the American Council of Engineering Companies of Colorado, testified in opposition to SB 25-185. Mr. Nikolaus Remus, representing the Colorado Chapter of the American Institute of Architects, testified in opposition to the bill. Mr. Daniel Woodward, representing the American Council of Engineering Companies of Colorado, testified in opposition to the bill. Edward Fronapfel, representing the American Society of Civil Engineers, testified in opposition to the bill.
05:30:29 PM  
Additional questions were raised about how to make homeowners whole, and the process by which certain construction defects issues are litigated. Discussion ensued regarding the standard of care for negligence in the building industry, and the level of liability to which each party is subject in a construction defects cases.  Discussion followed regarding the level of insurance carried by builders.
06:14:40 PM  
Kit Brown-Hoekstra, representing themself, testified in support of the bill. Janine Musser, representing themself, testified in support of the bill. Jenn Seidman, representing themself, testified in support of the bill. Heidi Storz, representing themself, testified in support of the bill. Shane Fleener, representing themself, testified in support of the bill.

Discussion ensued regarding the interplay between SB 25-185 and legislation concerning construction defects previously adopted by the General Assembly, and the process by which a construction defect claim is made and resolved. Discussion followed regarding jurisprudence associated with SB 25-185.
06:52:10 PM  
Written testimony may be found in Attachment C. No amendments were offered to SB 25-185. Representatives Bacon and Soper provided closing remarks in support of SB 25-185. Various committee members provided their positions on the bill.

07:20:42 PM
 Motion Refer Senate Bill 25-185 to the Committee of the Whole.
Moved Bacon
Seconded Soper
Armagost No
Bacon Yes
Caldwell Yes
Clifford No
Espenoza No
Garcia Yes
Keltie Yes
Soper Yes
Zokaie Yes
Carter No
Mabrey Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS