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Senate panel approves bill to restore homebuyer negligence claims after Appleby ruling
Summary
The Senate Judiciary Committee voted 4-3 to advance Senate Bill 185, which would confirm that construction professionals owe an independent duty of care to original homebuyers — reversing the effect of a recent appellate decision known as Appleby that limited such claims and complicated insurance coverage for builders and designers.
Senate Judiciary Committee members on Monday advanced Senate Bill 185, a proposal aimed at restoring homeowners’ ability to bring negligence claims against builders and other construction professionals. The committee passed the bill, as amended, by a 4-3 vote.
Supporters said the measure responds to an appellate opinion, Appleby, that they say has disrupted long-standing Colorado practice by restricting negligence claims by original homebuyers and leaving builders and some contractors without insurance coverage for those claims. "Senate Bill 185 essentially confirms the status quo. It protects homeowners. It protects home builders by confirming that home builders owe original homeowners a duty to construct homes with reasonable care," attorney Shane Fleener told the committee.
The bill would clarify that the economic loss rule does not bar…
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