Today the State House passed Represenative Jack Pommer’s HB-1338, the “Homeowner Protection Act of 2007,” which restores Coloradans’ legal remedies in cases of defective home construction.

In the wake of the 2003 “Construction Defect Action Reform Act,” homebuilders began using contract language which explicitly excluded them from liability for faulty construction. One such contract stated in part:

“To the fullest extent permitted by law, all other warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, workmanship and habitability are disclaimed, excluded, and waived.” (emphasis added)

Witnesses in the House Judiciary Committee hearing on the bill testified about cracked foundations, faulty roofing, and other major flaws in recently purchased homes. In some cases these flaws compelled these homeowners to leave their homes, despite having just committed most of their savings to them.

The bill will now be heard in the State Senate.

You can read Rep. Pommer’s bill here

Rep. Jack Pommer’s web site

This entry was posted on Thursday, March 29th, 2007 at 1:21 pm and is filed under 2007 Legislative Session. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.