First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
March 21, 2025
SENATE
Amended 2nd Reading
March 20, 2025
SENATE SPONSORSHIP
Rodriguez and Pelton B.,
HOUSE SPONSORSHIP
Bacon and Soper,
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) (a) T
HE GENERAL
4
ASSEMBLY FINDS AND DECLARES THAT THE DECISION OF THE COLORADO5
COURT OF APPEALS IN APPLEBY V. DOSSEY SUDIK STRUCTURAL ENGINEERS6
LLC,
23CA0008 (COLO. APP. 2023), DOES NOT REFLECT THE PUBLIC
7
POLICY OF THE STATE OF COLORADO AS IT CONCERNS THE INDEPENDENT8
TORT DUTIES OWED BY CONSTRUCTION PROFESSIONALS TO ORIGINAL9
RESIDENTIAL PURCHASERS FOR PURPOSES OF DETERMINING APPLICATION10
OF THE JUDICIALLY CREATED "ECONOMIC LOSS RULE". IT IS THEREFORE11
NECESSARY FOR THE GENERAL ASSEMBLY TO CLARIFY AND CONFIRM THE12
POLICY OF COLORADO TO GUIDE PENDING AND FUTURE LEGAL ACTIONS13
INTERPRETING THE APPLICATION OF THE ECONOMIC LOSS RULE .14
(b) F
OR PURPOSES OF THE APPLICATION OF THE ECONOMIC LOSS
15
RULE, THE INDEPENDENT DUTIES OWED BY A CONSTRUCTION16
PROFESSIONAL TO AN ORIGINAL RESIDENTIAL PURCHASER ARE IDENTICAL17
TO THE INDEPENDENT DUTIES OWED BY A CONSTRUCTION PROFESSIONAL18
TO A SUBSEQUENT RESIDENTIAL PURCHASER , AS THOSE DUTIES ARE19
DEFINED UNDER COLORADO JUDICIALLY CREATED LAW .20
SECTION 2. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly; except23
that, if a referendum petition is filed pursuant to section 1 (3) of article V24
of the state constitution against this act or an item, section, or part of this25
act within such period, then the act, item, section, or part will not take26
185-2- effect unless approved by the people at the general election to be held in1
November 2026 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
185
-3-