Of course they should! Faced with paying ridiculous insurance rates to cover them against the possibility of triple damages, a contractor will simply pass that cost along, and the cost of construction will escalate even more.
You cannot legislate morality. There will always be unscrupulous builders. Those found guilty of fraudulent practices should be relieved of their contractor’s license. We are living in a time where no one is willing to take responsibility for their own acts, their own negligence. Until that changes, we will continue to be faced with problems of shoddy work and rising insurance costs.
It’s just another ploy to further erode whatever protections the average citizen still maintains under the judicial system. Even the state attorney general and the governor have deemed the original scheme unfair.
If insurance costs are soaring, why not put limits on them or employ the same system as many auto insurance policies do? If you’ve got a proven record as a good, safe driver, your rates are lower. High risk drivers pay more.
For the average person, buying a house is the single most important and expensive purchase of their life. To limit the compensation they can receive for defective work is unfair and unethical.
A home is usually the most secure and important investment that middle class families make. To protect that investment under HB 1161, home buyers would need to become experts in the building trades and engineering.
One need look no further than the Terraces in this town or the Sagewood Condos in Basalt to see homeowners strapped with life savings tied up in homes they cannot sell, homes that have depreciated in value since they were purchased because of shoddy engineering and niggardly construction.
This bill would strip homeowners of the ability to get just compensation from the developers responsible.
The act of imposing mandatory limits upon judicial findings is philosophical sabotage. To determine ahead of time a limit to liability is to subvert the whole idea of what it is to come to a judgement of any human act, and is an attempt to substitute rule for thought.
Some botched jobs are truly botched and some aren’t. That’s where and why a judge comes in. There should be no shelter for malfeasance of any kind, neither for the accuser or for the accused. I rest my case!
No. $250,000 sounds like a lot of money until it’s your home that has cracks in the foundation or toxic mold growing in the basement. If the state of Colorado had a stricter standard regarding who can call themselves a “building contractor,” maybe these problems would be avoided. For now, I trust the juries of Colorado to award the correct amount of damages in each individual situation. As for lower insurance costs trickling down to consumers, well – I wouldn’t bet my home on it.
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