Garfield & Hecht

IV. Homeowner Protection Act of 2007.

A sales contract entered into between you and a builder/developer for the purchase of any home should include certain rights, remedies and damages for construction defects. If it does not, the Homeowner Protection Act of 2007 may help to preserve your legal rights and remedies available to you under Colorado law. This Act will render unenforceable any attempt by a builder/developer to require you to waive construction defect claims, waive warranty claims, and limit the type and amount of damages for construction defects. It applies only to residential property and not to commercial property transactions. Consult your attorney before agreeing to any waivers, releases, exculpatory clauses, and limitations of liability arising from a residential construction defect.