The battle to protect homeowners
Builders often claim that construction defect liablity is to blame for a lack of construction— especially for condos but a new study from Pacey Nehls Economic Consulting was just released and shows that there is no data supporting the claim that construction defect litigation is the reason for a lack of for-sale affordable housing in Colorado.
The report explores the decline in construction of for-sale condominiums, finding that this is a nationwide phenomenon. Further, since the economists find that Colorado’s defect laws are among the most builder-friendly in the country and condo development has also decreased similarly in more homeowner-friendly states, the root cause of the decline cannot be construction defect laws.
Other findings include:
Colorado’s construction companies’ own publicly available financial statements show they are enjoying record profits and low construction defect costs and state that construction defect litigation has no material effect on their profits, operations, or cash flow
A significant boom in large-scale real estate investing has resulted in everyday Coloradans being cut out of ownership opportunity
The lack of availability of new multifamily for-sale structures drives up the price of existing units, benefitting builders, developers, and investors of apartment rentals since individuals are “stuck” renting
Public policy solutions to stimulate affordable condo development could include requiring builders/developers to commit a portion of their projects to for-sale units or pay cash in lieu which can be used to purchase and convert apartments to for-sale condos; changing policies on subsidies, taxes and zoning; and exploring insurance regulation.
All housing – affordable, mid-range and luxury – should be built right the first time. And homeowners should have the ability to hold builders accountable for shoddy construction. NOW is the time to make our voices heard and support homeowners' rights!