Colorado 2025 Regular Session

Colorado Senate Bill SB185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0598.01 Chelsea Princell x4335
8	8		SENATE BILL 25-185
9	9		Senate Committees House Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING THE INAPPLICABILITY OF THE ECONOMIC LOSS RULE TO101
14	14		CERTAIN CLAIMS BROUGHT BY A RESIDENTIAL PROPERTY102
15	15		OWNER AGAINST A CONS TRUCTION PROFESSIONAL .103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill clarifies that construction professionals owe an
24	24		independent tort duty of care to construct residential homes in a
25	25		non-defective and reasonable manner, and that this duty is owed equally
26	26		to original and subsequent residential home purchasers.
27	27		SENATE
28		-	3rd Reading Unamended
29		-	March 21, 2025
30		-	SENATE
31	28		Amended 2nd Reading
32	29		March 20, 2025
33	30		SENATE SPONSORSHIP
34	31		Rodriguez and Pelton B.,
35	32		HOUSE SPONSORSHIP
36		-	~~Bacon and Soper~~,
	33	+	(None),
37	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
38	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
39	36		Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
40	37		SECTION 1. In Colorado Revised Statutes, 13-20-806, add (8)2
41	38		as follows:3
42	39		13-20-806. Limitation of damages. (8) (a) T
43	40		HE GENERAL
44	41		4
45	42		ASSEMBLY FINDS AND DECLARES THAT THE DECISION OF THE COLORADO5
46	43		COURT OF APPEALS IN APPLEBY V. DOSSEY SUDIK STRUCTURAL ENGINEERS6
47	44		LLC,
48	45		23CA0008 (COLO. APP. 2023), DOES NOT REFLECT THE PUBLIC
49	46		7
50	47		POLICY OF THE STATE OF COLORADO AS IT CONCERNS THE INDEPENDENT8
51	48		TORT DUTIES OWED BY CONSTRUCTION PROFESSIONALS TO ORIGINAL9
52	49		RESIDENTIAL PURCHASERS FOR PURPOSES OF DETERMINING APPLICATION10
53	50		OF THE JUDICIALLY CREATED "ECONOMIC LOSS RULE". IT IS THEREFORE11
54	51		NECESSARY FOR THE GENERAL ASSEMBLY TO CLARIFY AND CONFIRM THE12
55	52		POLICY OF COLORADO TO GUIDE PENDING AND FUTURE LEGAL ACTIONS13
56	53		INTERPRETING THE APPLICATION OF THE ECONOMIC LOSS RULE .14
57	54		(b) F
58	55		OR PURPOSES OF THE APPLICATION OF THE ECONOMIC LOSS
59	56		15
60	57		RULE, THE INDEPENDENT DUTIES OWED BY A CONSTRUCTION16
61	58		PROFESSIONAL TO AN ORIGINAL RESIDENTIAL PURCHASER ARE IDENTICAL17
62	59		TO THE INDEPENDENT DUTIES OWED BY A CONSTRUCTION PROFESSIONAL18
63	60		TO A SUBSEQUENT RESIDENTIAL PURCHASER , AS THOSE DUTIES ARE19
64	61		DEFINED UNDER COLORADO JUDICIALLY CREATED LAW .20
65	62		SECTION 2. Act subject to petition - effective date. This act21
66	63		takes effect at 12:01 a.m. on the day following the expiration of the22
67	64		ninety-day period after final adjournment of the general assembly; except23
68	65		that, if a referendum petition is filed pursuant to section 1 (3) of article V24
69	66		of the state constitution against this act or an item, section, or part of this25
70	67		act within such period, then the act, item, section, or part will not take26
71	68		185-2- effect unless approved by the people at the general election to be held in1
72	69		November 2026 and, in such case, will take effect on the date of the2
73	70		official declaration of the vote thereon by the governor.3
74	71		185
75	72		-3-