The Colorado chapter of the American Society of Landscape Architects recently sent out a Legislative Alert regarding Senate Bill 185 in their weekly newsletter for March 12. SB 115 stands to update the inapplicability of the economic loss rule - meaning in Colorado homeowners can sue construction professionals for defects with certain exceptions like independent duty (or duty outside the contract), negligence, economic loss rules, and homeowner protection that allow claims beyond breach of contract - to certain claims brought by a homeowner against a construction professional.

 

The bill was originally introduced on Feb. 27 in Senate, then passed Senate second reading with amendments to Committee on March 20 and third reading with no amendments the next day. On March 25, the bill was introduced in House and assigned to Judiciary. The hearing was scheduled for April 10 in the Senate Floor but was read on April 22 and passed the House. The bill was referred to the Committee of the Whole.