Amendments for SB25-185
Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB25-185 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike lines 4 through 7 and substitute:
"13-20-806. Limitation of damages. (8) (a) THE GENERAL ASSEMBLY
FINDS AND DECLARES THAT THE DECISION OF THE COLORADO COURT OF
APPEALS IN APPLEBY V. DOSSEY SUDIK STRUCTURAL ENGINEERS LLC, 23CA0008
(COLO. APP. 2023), DOES NOT REFLECT THE PUBLIC POLICY OF THE STATE OF
COLORADO AS IT CONCERNS THE INDEPENDENT TORT DUTIES OWED BY
CONSTRUCTION PROFESSIONALS TO ORIGINAL RESIDENTIAL PURCHASERS FOR
PURPOSES OF DETERMINING APPLICATION OF THE JUDICIALLY CREATED
"ECONOMIC LOSS RULE". IT IS THEREFORE NECESSARY FOR THE GENERAL
ASSEMBLY TO CLARIFY AND CONFIRM THE POLICY OF COLORADO TO GUIDE
PENDING AND FUTURE LEGAL ACTIONS INTERPRETING THE APPLICATION OF THE
ECONOMIC LOSS RULE.
(b) FOR PURPOSES OF THE APPLICATION OF THE ECONOMIC LOSS RULE,
THE INDEPENDENT DUTIES OWED BY A CONSTRUCTION PROFESSIONAL TO AN
ORIGINAL RESIDENTIAL PURCHASER ARE IDENTICAL TO THE INDEPENDENT
DUTIES OWED BY A CONSTRUCTION PROFESSIONAL TO A SUBSEQUENT
RESIDENTIAL PURCHASER, AS THOSE DUTIES ARE DEFINED UNDER COLORADO
JUDICIALLY CREATED LAW.".
Judiciary