Construction Defects Law Working For Owners and Builders

By Christopher E. Carter, P.E.

This month marks the four year anniversary of CDARA II – the reformed Construction Defect Action Reform Act which was signed into law on April 25, 2003 by then Colorado Governor Bill Owens.  During its debate in the Legislature, and long after its passage into law, this act continues to be controversial.  The most significant challenge came in November 2004, when its opponents tried to repeal the law, and replace it with proposed Amendment 34.  However, voters turned down the amendment.

Now with a new Democratic governor in office, and his political party in the legislative majority, efforts are under way to change the law.  Here are some reasons why CDARA II  is a good law for both home builders and home owners:

For Home builders:

For Home owners:

Rarely do we get such a law that is a win-win for home builders and home owners. And in my practice, I’ve seen this one work successfully from both sides.  It should stay on the books – politics notwithstanding.