All Roll Calls
Yes: 294 • No: 23
ColoradoHB25-12722025 Regular SessionHouse
Construction Defects & Middle Market Housing
Sponsored By: Andrew Boesenecker (Democratic), Dylan Roberts (Democratic), James Coleman (Democratic), Shannon Bird
Signed by Governor
Civil LawHousing
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 3 benefits, 3 costs, 5 mixed.
Free warranties for qualifying attached homes
The law creates a voluntary builder program for attached housing with two or more units sold starting January 1, 2026. Participating builders must provide free warranties: at least one year for workmanship and materials, two for plumbing and electrical, and six for major structural parts. An independent, qualified inspector must certify compliance with approved plans, building codes, and manufacturer requirements, including correction of identified problems. Builders must record their participation in the property's title records before offering homes for sale.
Tighter damage claims for covered homeowners
For program housing, homeowners can seek defect damages only for listed harms involving substantial system or safety problems, loss of use, injury, death, impaired component function, or unreasonable health or safety risks. Construction professionals gain defenses involving qualifying events, failure to limit damage, maintenance failures, later alterations, wear, misuse, releases, and successful repairs. After making a reasonable offer, professionals can avoid liability for damage they prove was caused or increased by a listed defense rather than the defect. A maintenance defense requires written notice and reasonable guidance; it cannot apply when the defect prevented maintenance.
Homeowner claim deadlines and repair pauses
The law sets a general 10-year claim limit, but program homes sold starting January 1, 2026 generally have an eight-year deadline after substantial completion. A six-year deadline applies to non-design professionals who provided qualifying warranties when defects were discovered, or should have been discovered, within the longest warranty period. It also applies to architects and engineers who met their professional standard of care. Timely claim notice pauses filing deadlines until 60 days after the notice process ends. Separately, work to prevent further defect damage pauses deadlines for up to one year; both pauses can apply.
Contractors keep insurance after repair offers
Insurers cannot cancel or deny a construction professional's liability policy solely because the professional offers repairs or settlement. Agreements affecting coverage still need insurer approval. The law does not guarantee insurance coverage for a particular agreement.
Faster decisions for affordable housing projects
Local and tribal governments seeking covered financial help or project funding eligibility must establish a 90-calendar-day permit decision process. The clock starts with a complete application, and at least 50% of residential units must be designated affordable. Covered applications include special permits, variances, and development permits for for-sale multifamily condominiums, but exclude subdivisions. Local affordable housing authorities are exempt. Qualifying projects are eligible for funding assistance, but the law specifies no funding amount here.
Expert review required for homeowner lawsuits
For covered program housing, claimants suing architects or engineers must file an expert-review certificate with their complaint. It must describe the alleged negligence and confirm that the consulted expert can competently give an opinion. Missing certificates require dismissal unless the claimant shows good cause; specified government design-build projects are exempt. When a filing deadline may expire within 10 days and the certificate cannot be prepared in time, claimants have 28 days after filing. Courts can allow more time for good cause.
Homeowners must use warranties before suing
For program housing, claimants must pursue all available warranty remedies before suing for damage covered by that warranty. Before filing a covered claim, they must also take reasonable steps to prevent further damage and confirm compliance in the complaint. They need not take steps whose cost is unreasonable or beyond their ability to pay. Professionals can exclude damage they prove resulted from an unreasonable failure to prevent further harm.
Homeowners gain access to defect records
Construction professionals must share claim records they control by their settlement offer or 60 days after actual notice, whichever comes first. Records include plans, soil reports, maintenance guidance, inspection reports, contractor or consultant identities and work scopes, and insurance policies; architects and engineers must provide approved design documents. Reasonable copying charges are allowed. Missing required identifying information can block blaming an unnamed professional, while withheld required plans can excuse the claimant's review certificate. In program cases, defendants blaming an architect or engineer outside the lawsuit need a review certificate at least 45 days before proceedings, or that person's fault cannot be considered.
Homeowners get structured defect settlement steps
Claimants must give notice at least 75 days before suing, or 90 days for commercial property. For program housing, professionals must respond within 30 days after inspection ends with a payment or repair offer, or written reasons denying responsibility; repair offers must describe findings, work, resulting damage, and timing. After rejecting an offer, claimants must propose repairs or settlement within 30 days; professionals have 15 days to accept in writing, otherwise the proposal is rejected. Acceptance requires professionals to pay reasonable attorney fees and costs for investigating the defect and proposing repairs. If professionals break an accepted offer or proposal, claimants can sue without further notice.
Owner votes govern association defect lawsuits
Association boards need approval during the voting period from owners holding at least 65% of association votes to start defect lawsuits. No vote is needed for defects limited to a facility used for nonresidential purposes when repairs cost $50,000 or less. No vote is needed when the association itself contracted for the labor, services, or materials at issue. Boards must use money or other proceeds from successful claims or settlements first to repair the defect.
Settlement choices can shift homeowners' legal costs
In program cases, courts can award professionals attorney fees and costs when claimants unreasonably reject reasonable written offers and sue. A judgment below the offered payment or repair value makes the offer reasonable and the rejection unreasonable. A judgment above that value makes the offer unreasonable and the rejection reasonable. Professionals who fail to make reasonable offers lose statutory damage limits and liability defenses, and courts can award claimants fees and costs. Fee awards remain up to the court.
Sponsors & Cosponsors
Sponsors
Andrew Boesenecker
Democratic • House
Dylan Roberts
Democratic • Senate
James Coleman
Democratic • Senate
Shannon Bird
Affiliation unavailable
Cosponsors
Amy Paschal
Democratic • House
Bob Marshall
Democratic • House
Carlos Barron
Republican • House
Chris Richardson
Republican • House
Dusty Johnson
Republican • House
Eliza Hamrick
Democratic • House
Jamie Jackson
Democratic • House
Julie McCluskie
Democratic • House
Karen McCormick
Democratic • House
Katie Stewart
Democratic • House
Lori Garcia Sander
Republican • House
Lesley Smith
Democratic • House
Mary Bradfield
Republican • House
Max Brooks
Republican • House
Monica Duran
Democratic • House
Meg Froelich
Democratic • House
Mandy Lindsay
Democratic • House
Meghan Lukens
Democratic • House
Naquetta Ricks
Democratic • House
Tisha Mauro
Democratic • House
Barbara Kirkmeyer
Republican • Senate
Cathy Kipp
Democratic • Senate
Cleave Simpson
Republican • Senate
Judy Amabile
Democratic • Senate
Jeff Bridges
Democratic • Senate
John Carson
Republican • Senate
Julie Gonzales
Democratic • Senate
Janice Marchman
Democratic • Senate
Janice Rich
Republican • Senate
Lindsey Daugherty
Democratic • Senate
Larry Liston
Republican • Senate
Mark Baisley
Republican • Senate
Marc Catlin
Republican • Senate
Nick Hinrichsen
Democratic • Senate
Rod Pelton
Republican • Senate
Scott Bright
Republican • Senate
Tony Exum
Democratic • Senate
Roll Call Votes
House vote • 4/23/2025
Senate amendments: Repass
Yes: 61 • No: 3
House vote • 4/23/2025
Senate amendments: Concur
Yes: 59 • No: 5
Senate vote • 4/17/2025
Third reading: Bill
Yes: 31 • No: 4
Senate vote • 4/17/2025
Third reading: Amend (l.052)
Yes: 34 • No: 1
Senate vote • 4/17/2025
Third reading: Bill
Yes: 32 • No: 3
Senate vote • 4/10/2025
Refer House Bill 25-1272, as amended, to the Committee of the Whole.
Yes: 6 • No: 1
House vote • 3/31/2025
Third reading: Bill
Yes: 59 • No: 5
House vote • 3/18/2025
Refer House Bill 25-1272, as amended, to the Committee of the Whole.
Yes: 12 • No: 1
Actions Timeline
Governor Signed
5/12/2025HouseSigned by the Speaker of the House
5/6/2025HouseSigned by the President of the Senate
5/6/2025SenateSent to the Governor
5/6/2025HouseHouse Considered Senate Amendments - Result was to Concur - Repass
4/23/2025HouseHouse Considered Senate Amendments - Result was to Laid Over Daily
4/21/2025HouseSenate Third Reading Passed with Amendments - Floor
4/17/2025SenateSenate Second Reading Passed with Amendments - Committee, Floor
4/16/2025SenateSenate Second Reading Laid Over Daily - No Amendments
4/15/2025SenateSenate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
4/10/2025SenateIntroduced In Senate - Assigned to Local Government & Housing
4/3/2025SenateHouse Third Reading Passed - No Amendments
3/31/2025HouseHouse Second Reading Special Order - Passed with Amendments - Committee, Floor
3/28/2025HouseHouse Second Reading Laid Over Daily - No Amendments
3/21/2025HouseHouse Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
3/18/2025HouseIntroduced In House - Assigned to Transportation, Housing & Local Government
2/18/2025House
Bill Text
Engrossed
Final Act
Introduced
Reengrossed
Rerevised
Revised
Signed Act