The webinar included panelists EJ Olbright of CFC Construction, Dan Johnson of SFI Compliance, Todd Fredrickson of Fisher and Phillips, and Pat Miller of Sherman and Howard. The topics covered included CDPHE’s construction guidance; AGC’s protocols; best practices for residential construction sites; and a review of legal issues. The webinar also included Q&A from the attendees.
More than 125 industry professionals from across Colorado attended the webinar. It is available online for all members to review at: https://youtu.be/Vs-TjGSjQNA. Please take a few moments this week to check out this webinar to help ensure safe, healthy and compliant jobsites.
CAHB Government Affairs
The Colorado General Assembly returned to work last Tuesday—before adjourning on Friday because of protests and vandalism at the state Capitol. The legislature is faced with making $3.3 billion in cuts to this year and next year’s state budget.
The General Assembly was expected to kill several bills that either had fiscal notes or were no longer critical considering the state’s COVID response and budget cuts. Key bills that will be killed include:
HB20-1333 – This bill would have increased requirements for disclosure and transparency in the operations of HOAs in common-interest communities. Directly impacting our members, this bill would have made significant changes to how and on what timelines a developer of a subdivision (declarant) would have been required to transfer control of the HOA.
SB20-093—This legislation sought to create the "Consumer and Employee Dispute Resolution Fairness Act.” For consumer and employment arbitrations, Senate Bill 93 would have made significant changes to try to limit the use of arbitration, including in a construction issue. The CAHB, along with our partners in the Homeownership Opportunity Alliance (HOA), worked with the bill’s sponsors to fix issues that would harm the positive impacts of the Vallagio decision, as well as the institution of arbitration. Thankfully, this legislation is due to be shelved later this week.
SB20-138—This bill would have increased the statutory limitation period for construction defects from 6 years to 10 years, allowed tolling of the limitation period on any statutory or equitable basis, and required tolling of the limitation period until the claimant discovers not only some physical manifestation of a construction defect but also its cause; effectively removing any statute of limitations for defect claims. CAHB worked with industry partners to educate members of the Senate on the impact of this legislation to efforts to build affordable and attainable homes. Several Senate Democrats had already agreed to oppose SB138 since it would have harmed both affordable and attainable housing.
This association’s Government Affairs Committee met last Friday and took action on two bills:
SB20-205—Oppose—This bill creates the Healthy Families and Workplace Act, which requires employers to provide paid sick leave to employees. The bill would require that beginning January 1, 2020, all employers in Colorado provide up to a 48 hours per year of paid sick leave to employees. Paid sick leave may be used for the employee's health care or a family member; absences related to domestic abuse; and when a public official has ordered the closure of the employee's workplace or the school or child care facility of the employee's child, due to a public health emergency. The bill also requires additional paid leave during a public health emergency. Employees may use this leave for up to a month after the end or suspension of a public health emergency. The CAHB opposes this bill because it creates another mandate on employers for a benefit that many companies already provide, and the additional sick leave requirements for a public-health emergency do not require employees to track or demonstrate a need to take leave.
SB20-207—Amend—This bill amends the Colorado Employment Security Act, which governs the state’s Unemployment Insurance program, to address public-health emergencies and to increase the amount a person can earn while receiving UI benefits. It also requires a study of the feasibility of unemployment insurance for people in the gig economy. The GAC took an amend position because the bill currently has a provision that may impact how companies utilize independent contractors. The CAHB is working with several business groups to address this issue.
For more information:
To track the CAHB’s legislative positions—including bills that the GAC supports, opposes and monitors—please visit https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=27390&pk=100&style=pinstripe.
Governor Polis on Monday revised the Safer at Home Order to transition to “Safer at Home and in the Vast, Great Outdoors.” The new order, Executive Order D 2020 091, implements a number of measures that will allow citizens to return to work and recreation while maintaining social distancing. Any business or activity not addressed in this EO or accompanying public-health order may operate in accordance with general guidance from CDPHE concerning group limitations, social distancing requirements and sanitation and cleaning protocols.
Construction jobsites should still operate under CDPHE’s Multi-Industry Construction Guidance document.
The revised order would allow people over 65 or with underlying health conditions “to also enjoy Colorado’s outdoor spaces at a safe social distance, in addition to staying at home as much as possible.” The order will allow swimming pools and playgrounds to open at limited capacities and directs CDPHE to create further guidelines for houses of worship, child care, team sports, summer camps, and outdoor and personal recreation. This order still limits gatherings to 10 or fewer people, accept if larger groups have been approved in a variance or industry-specific guidance, such as restaurants.
For a list of executive orders and other CAHB updates on COVID-19, be sure to follow our blog.