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 Colorado Bar Association’s monthly law journal. The article discusses the many recently enacted construction defect Colorado municipal ordinances (CD ordinances), including their right-of-repair, HOA disclosure and consent-to-sue and arbitration procedures.
Burg Simpson has created a city-by-city chart summarizing the more than 17 ordinances adopted to date.
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.
Part 3 examines HOA unit owner CD lawsuit approval requirements, builders’ and contractors’ entry and repair rights, and the serious privacy, property, free speech and other constitutional concerns these new ordinances raise.
Burg Simpson will post a link to a fourth article expected to be published this fall discussing recent CD laws adopted by the state legislature this spring, which may affect some of these CD ordinances.
Download Construction Defect Municipal Ordinances (Part 1).
Download Construction Defect Municipal Ordinances (Part 2).
Download Construction Defect Municipal Ordinances (Part 3).
Download city-by-city ordinance chart.