First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0598.01 Chelsea Princell x4335
SENATE BILL 25-185
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE INAPPLICABILITY OF THE ECONOMIC LOSS RULE TO101
CERTAIN CLAIMS BROUGHT BY A RESIDENTIAL PROPERTY102
OWNER AGAINST A CONS TRUCTION PROFESSIONAL .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill clarifies that construction professionals owe an
independent tort duty of care to construct residential homes in a
non-defective and reasonable manner, and that this duty is owed equally
to original and subsequent residential home purchasers.
SENATE SPONSORSHIP
Rodriguez and Pelton B.,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-20-806, add (8)2
as follows:3
13-20-806. Limitation of damages. (8) N
OTWITHSTANDING ANY4
PROVISION OF LAW TO THE CONTRARY , A CONSTRUCTION PROFESSIONAL5
OWES AN INDEPENDENT TORT DUTY TO AN ORIGINAL RESIDENTIAL HOME6
PURCHASER AND A SUBSEQUENT RESIDENTIAL HOME PURCHASER .7
SECTION 2. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
SB25-185-2-