Ronald Sandgrund (Of Counsel), along with Associates Jennifer Seidman, Leslie Tuft and Nelson Boyle of the Burg Simpson Construction Defect Group have co-authored a three-part article in The Colorado Lawyer. The article discusses the many recently enacted construction defect Colorado municipal ordinances, including their “right-of-repair,” “HOA disclosure and consent-to-sue” and arbitration procedures.
Part 1 of the article examines the CD ordinances’ main provisions, including defined terms, arbitration requirements, and HOA and homeowner defect claim notice requirements and construction professionals’ rights of entry and inspection processes. Part 2 looks at construction professionals’ rights of entry and repair procedures, HOA and homeowner cooperation obligations and objection rights, monetary settlement protocols, repair warranties, statutes of limitations extensions, and required disclosures to HOA members of possible litigation. Burg Simpson has created a city-by-city chart summarizing the more than 17 ordinances adopted to date.
Part 3 will be published in the March volume of The Colorado Lawyer, the Colorado Bar Association’s monthly magazine. Part 3 examines the serious privacy, property, free speech and other constitutional concerns these new ordinances raise.