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Colorado Homeowner Protection Act
Friday, 06 April 2007

Senate to consider homeowner bill; changes unlikely
The Colorado Senate on Monday is scheduled to consider the Homeowner Protection Act, which could put it on Gov. Bill Ritter's desk for signature later next week...Sen. Jennifer Veiga, D-Denver, who is sponsoring House Bill 1338, said late Tuesday afternoon that she has had a "number of discussions about the possibility of amending it" but noted that time was running out...HB 1338 prevents builders from inserting waivers into warranty contracts that remove buyers' rights to sue or arbitrate over shoddy construction issues, a provision in the four-year-old HB 1161, which builders supported.

The Colorado Senate on Monday is scheduled to consider the Homeowner Protection Act, which could put it on Gov. Bill Ritter's desk for signature later next week.

Officials on Wednesday afternoon privately admitted that there appears to be little chance a compromise will be reached, which would make the law more palatable to home builders.

Sen. Jennifer Veiga, D-Denver, who is sponsoring House Bill 1338, said late Tuesday afternoon that she has had a "number of discussions about the possibility of amending it" but noted that time was running out.

She couldn't be reached Wednesday afternoon but earlier said she had not seen a "middle ground" solution "we can all buy into."

Some critics say the act could have unintended consequences.

Veiga said she doesn't think that is true. HB 1338 prevents builders from inserting waivers into warranty contracts that remove buyers' rights to sue or arbitrate over shoddy construction issues, a provision in the four-year-old HB 1161, which builders supported.

However, critics fear that the proposed law would remove language found in many contracts, such as preventing a buyer from suing because of restaurant odors. That could lead to frivolous lawsuits, which could cause insurance costs to skyrocket, critics say.

Clay Vigoda, who supports HB 1338 and lobbied in 2004 for Amendment 34, which would have overturned HB 1161, said that argument is a "red herring. We're hearing that so much, we're calling it the Chinese restaurant argument."

or 303-954-5207

http://www.rockymountainnews.com/drmn/real_estate/article/0,1299,DRMN_414_5464900,00.html

 
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