In a year in which we were expecting the introduction of legislation geared at construction defects, the first volley in this battle seems to have been fired in the form of SB 15-091. Introduced by Senator Ray Scott (R) Mesa, the bill attempts to revise the statute of limitations for bringing a construction defect action from six years to three. Additionally, any defect that manifests itself in years two or three must be brought within one year of discovery instead of the current two years. This bill would effectively cut the statute of limitations for latent defects in half from eight years to four.
This bill is assigned to the State, Veterans, & Military affairs committee on January 14, 2015. While this bill does not seem to have much of a chance at survival being introduced with no co-sponsor in the House, we will continue to monitor this bill along with other bills aimed at community associations.