Longmont Area Chamber of Commerce board urges local construction defect ordinance

The Longmont Area Chamber of Commerce is urging the Longmont City Council to support legislative reform concerning construction defect laws.

Chamber CEO Bruce R. Partain delivered a resolution March 7, 2017, to the City Council that encouraged the City to pass its own construction defect ordinance.

“The Chamber board of directors believes that the health, safety and welfare of Longmont residents are being negatively impacted by the lack of affordable housing options,” Partain said.

“One reason for the housing crunch is the lack of condominiums available for sale in Longmont,” he said. “That can partially be attributed to the threat of litigation that puts builders and developers at risk of substantial judgment for alleged construction defects.”

Partain said, “The Longmont Chamber board believes that mitigating this risk at the local level is preferable to handling it at the state level. Our resolution encourages the Longmont City Council to review the situation and to enact an ordinance similar to ordinances in other communities that protect consumers, but also allows property owners, developers, construction professionals, lenders and insurers to resolve any construction dispute without costly litigation.”

The resolution also encouraged the Council to support statewide legislation this year that protects not only the owners of poorly constructed projects but the builders and developers, lenders and insurers of the project.

Suggested provisions in local or state legislation would include:

A. A builder is given the right to repair any construction defect prior to the filing of a lawsuit.

B. An HOA must obtain the consent of the majority of the homeowners in order to file a lawsuit.

C. The builder is given the option of offering a monetary settlement in lieu of pursuing repairs.

D. Mediation is required prior to the filing of a lawsuit.

“Housing affects all residents of Longmont, as well as being vital to every business and each employer,” Chamber Chair Michelle Brieztke said. “As the Voice of Business in the Longmont area, we felt it important to communicate our position and urge our elected officials to take action."

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