Construction Defects & Middle Market Housing
Summary
For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (Note: This summary applies to this bill as enacted.)
Bill status
signed
all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House Passage
Mar 2025
Senate Passage
Apr 2025
Signed into Law
May 2025
Introduced Feb 18, 2025
Signed May 12, 2025
Maddy AI version diff · 8 comparisons
What changed between versions
Revised (04/16/2025)
→
PA2 (04/11/2025)
·
3 edits
MINOR
The bill text was reclassified from a 'Revised' version to a 'Preamble' version, indicating it is an unofficial draft containing committee amendments not yet adopted on second reading. The substantive content of the bill remains unchanged, with only the header and summary section being updated to reflect its current legislative status.
TECHNICAL
Header changed from 'Revised' to 'Preamble' to indicate this is an unofficial version with pending committee amendments.
Date changed from April 16, 2025 to reflect the current legislative session status.
Summary section updated to reflect that this version includes committee amendments not yet adopted on second reading.
Floor votes · Senate Apr 17, 2025 · House Mar 31, 2025
How they voted
33–1
Passed
Total votes 34
Apr 17, 2025
D
Democratic22
100% Yea
R
Republican12
91% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
5
Committee
2
Amendments
2
May 12, 2025
Signed into law
Governor Signed
executive
Apr 23, 2025
Introduced
House Considered Senate Amendments - Result was to Concur - Repass
lower
Apr 21, 2025
Introduced
House Considered Senate Amendments - Result was to Laid Over Daily
lower
Apr 17, 2025
Upper · Passed
Senate Third Reading Passed with Amendments - Floor
upper
Apr 10, 2025
Upper · Passed
Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
upper
Apr 3, 2025
Introduced
Introduced In Senate - Assigned to Local Government & Housing
upper
Mar 31, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
Mar 18, 2025
Lower · Passed
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
lower
Feb 18, 2025
Introduced
Introduced In House - Assigned to Transportation, Housing & Local Government
lower
4 primary · 63 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Andy Boesenecker
DDemocratic
P
Dylan Roberts
DDemocratic
P
James Coleman
DDemocratic
P
SB
Shannon Bird
DDemocratic
Co
Amy Paschal
DDemocratic
Co
Barbara Kirkmeyer
RRepublican
Co
Bob Marshall
DDemocratic
Co
Brandi Bradley
RRepublican
Co
Byron Pelton
RRepublican
Co
Carlos Barron
RRepublican
Co
Cathy Kipp
DDemocratic
Co
Cecelia Espenoza
DDemocratic
Co
Chad Clifford
DDemocratic
Co
Chris Richardson
RRepublican
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