2025 Legislative Session Summary • Part 2

2025 AIA Colorado Legislative Session Summary

Part 2

2025 was a busy year at the State Capitol for AIA Colorado. Despite a significant state budget shortfall, we tracked more legislation than usual affecting the architecture profession. We identified 26 bills of interest to our members and took positions on 12 of them, listed below.

We’re proud to report that every bill AIA Colorado supported passed, and every bill we opposed failed.

This summary will be published in two parts:

  • In Part 1, we took a deep dive into the most impactful bills related to housing and sustainability/resiliency.
  • In Part 2, we cover professional liability, building codes, project funding, and legislation affecting the construction trades.

Top AIA Colorado Liability Bills

SB25-157: Deceptive Trade Practice Significant Impact Standard

Bill status: Failed in Senate
AIA Colorado position: Oppose

Summary

Colorado’s consumer protection statute includes dozens of individual sections in addition to its general provisions. As a result, it’s difficult to make sweeping changes, even when they mean well, without unintended consequences. This bill could have made it easier to make a deceptive trade practice claim alongside a construction defect claim, which could open up defendants to trebel damages. A scary prospect given the dollar amounts that may be necessary to correct an issue. This situation is very different than the scale of harm for a typical consumer protection lawsuit. Appropriate damages that can be awarded exist in this act and bills targeting other sections of statute shouldn’t take precedence. Architects were one of many interest groups affected that believed this bill was too broad in its attempt to increase consumer protections and the bill failed on the senate floor.

Impact

AIA Colorado opposed this bill because consumer protection claims shouldn’t be used as a vehicle to increase judgements for construction defect lawsuits. Some trial lawyers already try to tack on consumer protection claims as a scare tactic and this bill would make this more common despite such claims not having merit. The existing Construction Defect Action Reform Act (CDARA), while not perfect, is a comprehensive statute design specifically for lawsuits against architects and other construction professionals.

SB25-185: Claims Against Construction Professionals

Bill status: Failed in House
AIA Colorado position: Oppose

Summary

Never has a bill so concise had so many negative implications for the architecture profession. SB25-185 simply stated that “Notwithstanding any provision of law to the contrary, a construction professional owes an independent tort duty to an original residential home purchaser and a subsequent residential home purchaser“. This single sentence would have effectively removed our ability to negotiate liability-related provisions in contracts with other construction professionals.

When a homeowner suffers from a construction defect and pursues a lawsuit to correct the issue, the Economic Loss Doctrine dictates that the proper course of action is to file a contract claim against the seller of the home. This doctrine is intended to guide parties in disputes with purely monetary losses (such as paying to have a defect corrected). Terms in the sales contract are relevant to how liability issues are handled. The world of construction is a complex web of contracts, so there may be multiple suits filed down the contract line depending on what party is at fault. A homeowner could sue a homebuilder, who would then sue an architect to be made whole if the architect was at fault and was hired by the homebuilder.

To the benefit of homeowners in general, courts have ruled that subsequent buyers, who only had a contract with the original homeowner, don’t have to file contract claims. They can file tort claims against construction professionals directly since suing the previous homeowner is an overly burdensome means to get to the party who caused the defect. We’ve been operating under this guidance for decades in Colorado.

This bill would have allowed original homeowners to sue anyone directly with a tort claim.

This effort specifically tried to reverse a recent court case decision (Appleby vs Dossey Sudik) where a structural engineer limited their liability to an agreed-upon dollar amount with the architect, who was under contract with a general contractor on a for-sale residential project. The original homeowners had a structural defect and tried to sue the structural engineer directly via tort claim because a contract claim would not have covered the repair costs. However, the courts (up to the Colorado Supreme Court) all agreed that the homeowners could only file contract claims, starting with the seller of their home. 

While that might sound unfair to homeowners at first pass, the intent of contract liability provisions is that both parties agree to them. If one side reduces their liability risk, then the other side opts in to taking on that liability themselves. This isn’t always about dollar amounts. Dispute resolution processes (arbitration and mediation) are also common contract clauses that this bill would have undermined. Architects are hired long before a housing unit goes to market. We’re not privy to the terms of a final sales agreement to the homeowner. As such, we can only properly negotiate contracts with the clients who hire us. We rely on contract claims to provide guardrails on who can sue who and when it’s appropriate to do so.We believe that courts ruled correctly in favor of requiring contract claims in construction defect lawsuits so that negotiated liability-related provisions are respected by all parties and taken into consideration in court proceedings.

Impact

It took a lot of work to explain how bad this bill was to legislators given how little detail there was in the bill text itself. Thankfully, we were ultimately successful in defeating it despite the bill having bipartisan support. If it had passed, architects and professional engineers (who were great allies in our lobbying effort!) would have had more lawsuit exposure in for-sale residential projects resulting in greater insurance costs and risk. This would drive firms out of this market and/or raise costs to cover the new risk.

HB25-1261: Consumers Construction Defect Action

Bill status: Pulled by sponsor in House committee hearing
AIA Colorado position: Oppose

Summary

This bill is a long list of changes intended to benefit homeowners who file construction defect lawsuits against construction professionals, many of which are similar or returning provisions from last year’s failed HB24-1230. AIA Colorado opposed this bill not just because every section was bad for architects, but also because of the heavy-handed approach taken that would have raised costs for architects with no litigation history. The most significant changes included:

  • Changing the statute of repose for filing lawsuits against construction professionals from 6 years to 10.
  • Letting homeowners wait until they know the cause of a defect before informing construction professionals of an issue. Unlike current law that requires disclosures upon the manifestation of a potential defect, this makes it impossible for well-meaning construction professionals to offer to correct an issue or even try to determine if they do or do not have any culpability.
  • Awarding prejudgment interest on a successful claim against a construction professional at 6% from the date the defective work was finished on top of damages resulting from the defect. Professional liability insurance won’t cover this interest.

Impact

In Colorado, there are already no real penalties against lawyers who threaten every construction professional involved in a project with a lawsuit. This bill only would have made this practice more egregious. Additionally, prejudgment interest would result in a strong disincentive for a defendant to argue their case in court because judgements will automatically be higher, and the longer a case takes to resolve (which we have no control over, the higher the interest total would be. 

While there’s potentially room for improvement for homeowners trying to deal with a construction defect, solutions need to respect construction professionals’ right to plead our defense in court without additional penalties for doing so. Solutions also need to be careful they don’t raise insurance or out-of-pocket costs for all architects who do residential projects even when we’re not the party at fault in most construction defect cases.

Top AIA Colorado Building Codes Bills

HB25-1093: Limitations on Local Anti-Growth Land Use Policies

Bill status: Signed into law

Overview

Colorado generally defers to local jurisdictions on policies related to housing growth. While logistical considerations still vary by locality, this bill prohibits local governments from enacting growth restrictions through simple limits on building or development permits. Previous implementations of such policies are forms of NIMBYism, are effectively discriminatory, and can cause significant issues—especially in clusters of cities where these limits are applied inconsistently at the regional level.

HB25-1030: Accessibility Standards in Building Codes

Bill status: Signed into law
AIA Colorado position: Amend/Support

Summary

As a home rule state, building codes are adopted and enforced at the local level. However, there is precedent for energy codes that require local jurisdictions to adopt certain versions of a code when they do any code update cycle. This makes it easier to promote adoption of newer codes even if a local jurisdiction can decide on their own schedule.

This bill promotes adoption of newer accessibility code provisions in the same way as existing energy adoption requirements. The primary difference is that this bill focuses on chapter 11 of the IBC instead of an entire publication. Either of the two most recent versions of this IBC chapter are allowed to be adopted. AIA Colorado successfully proposed a number of friendly amendments to this bill to offer clarity on how this process would work.

Impact

Even if a local jurisdiction does not want to be on the newest version of the IBC, this bill ensures better accessibility for building occupants, even if it’s slightly more complicated for architects to mix and match versions of the same code. Because the baseline in this bill is to use the 2021 IBC version, smaller rural communities are the most likely not to already be in compliance. An added benefit for architects is that a local jurisdiction may decide it’s easier to simply adopt an IBC version that meets this bill’s requirements. This could get more of the state on more modern codes.

SB25-002: Regional Building Codes for Factory-Built Structures

Bill status: Signed into law
AIA Colorado position: Amend/Support

Summary

Factory-built structures and building components are being promoted in Colorado to lower construction costs and therefore housing prices in particular. To facilitate broader adoption and investment of this construction practice, the state wants to simplify the application of building codes and inspections when construction occurs in a different jurisdiction (or state) than where the project site is located.

This bill empowers the state to determine standard off-site inspection practices and create regions with a unified set of building codes that must be designed and built to for off-site construction. AIA Colorado, amongst many other stakeholders, noted that as introduced, the bill didn’t have clear language to ensure the strictest code provisions in a region would apply in this context. With four climate regions in the state and significant variance in other site conditions such as wind loads, it’s important to ensure appropriate safety and building performance code provisions govern any given project.

Impact

With broader adoption of off-site construction, this bill will help architects, contractors, an local building departments navigate otherwise overlapping or conflicting building code requirements in projects that where construction occurs wholly or partially outside the local project site.

Other Building Codes Bills of Interest

SB25-039: Agricultural Buildings Exempt from Energy Use Requirements

Bill status: Signed into law

Overview

Under current law, owners of certain large buildings  are required to annually collect and report each covered building’s energy use to the Colorado energy office. This bill clarifies that agricultural buildings were never intended to be included in the state’s Building Performance Standards program for benchmarking and annual energy use limitations.

Top AIA Colorado Project Funding Bills

HB25-1061: Community Schoolyards Grant Program

Bill status: Signed into law
AIA Colorado position: Support

Summary

This bill creates a grant program that can support planning, design, or construction grants for schoolyard projects that benefit and are accessible to the broader community beyond use by students during school hours. Suggested uses include natural landscapes or playgrounds, recreational spaces, sustainability/resilience projects, and hands-on learning spaces in underserved and underfunded schools and communities.

Impact

This community schoolyard grant fund has limited money available given Colorado’s budget challenges this year but can still make school outdoor space projects viable that might not otherwise have funding. Architects doing school projects are urged to speak with their clients to determine if part of the project scope may be qualified for this type of grant.

SB25-081: Treasurer’s Office

Bill status: Signed into law
AIA Colorado position: Support

Summary

This bill creates a program, with a board led by the state treasurer and including the state architect, to provide financing to eligible projects. These include various infrastructure and affordable/accessible housing projects. This program is funded using state treasury money as collateral for more favorable rates than other project funding sources. Given the unique nature of this funding, projects have to be individually evaluated and subject to available money.

Impact

Given the substantial 2025 state budget deficit, legislators tried many different creative ways to find money not available in the general fund this year. This bill focuses on making certain capital construction projects a reality that are ready to begin but where supplemental funding is necessary for related infrastructure work.

Other Project Funding Bills of Interest:

HB25-1245: Heating Ventilation & Air Conditioning Improvement Projects in Schools

Bill status: Signed into law

Overview

Schools that accept funding from the “Infrastructure Investment and Jobs Act cash fund” for HVAC improvements must now meet certain performance, quality, and contractor qualification standards for the project.

SB25-006: Investment Authority of State Treasurer for Affordable Housing

Bill status: Signed into law

Overview

The state treasurer may invest up to $50 million of state money in bonds with below-market interest rates if the proceeds are used for the creation or financing of new affordable, income-restricted for-sale housing that otherwise would not be made available.

Top AIA Colorado Construction Trades Bills

AIA Colorado is a member of Building Jobs 4 Colorado (BJ4C), a coalition of construction trade groups that work with industry stakeholders to preserve and build construction and design jobs in Colorado. There are numerous bills each year that BJ4C takes positions on in addition to our own efforts.

HB25-1286: Protecting Workers from Extreme Temperatures

Bill status: Failed in House committee hearing
AIA Colorado position: BJ4C coalition opposed

Summary

Climate change is resulting in more common extreme temperature days in Colorado. There is no worker protection consistency across industries with outdoor workers and this bill would have given protection to works for both heat- and cold-related temperatures. Protection would have included risk mitigation measures, rest break details, and injury/illness prevention plans. The construction industry was generally opposed to this bill as there are already robust measures in place in accordance with national OSHA requirements. 

Impact

If this bill would have passed, it could have significantly reduced productivity on construction sites during the hottest and coldest parts of the year. Opponents successfully argued that the proposed protections would have gone well beyond what is required to protect worker safety. As temperatures continue to rise however, this issue isn’t going away. For the construction industry though, there are numerous examples of extreme weather procedures already in place in many southern states that we can emulate.

HB25-1300: Workers’ Compensation Benefits Proof of Entitlement

Bill status: Signed into law
AIA Colorado position: BJ4C coalition opposed

Summary

This bill makes a significant change to Colorado’s existing worker’s compensation benefits act by allowing injured workers to see their own physicians. Previously, employers were allowed to only approve a limited number of physicians that could be seen as part of a worker’s comp claim except in emergencies.

Impact

Opponents claimed that it benefits workers to see a physician who has experience both with workplace injuries and navigating typical billing procedures for worker’s comp claims that are typically the responsibility of an employer. There is also fear that less experienced physicians will keep workers from returning to their jobs longer out of an abundance of caution. It remains to be seen if these concerns prove true and if there will be impacts to construction costs or schedules.

Other Construction Trades Bills of Interest

HB25-1001: Enforcement Wage Hour Laws

Bill status: Signed into law

Overview

After last year’s attempt at addressing wage theft was vetoed, proponents for reform came back with a more narrowly focused bill. Protections for workers have been strengthened, but there is an orderly process in determining the parties responsible for making workers whole. This is important in construction with multiple layers of contracts between various parties. We will hopefully see fewer wage theft issues on projects that could result in cost overruns or slowdowns.

SB25-005: Worker Protection Collective Bargaining

Bill status: Vetoed by Governor

Overview

Colorado is unique in requiring two elections to form a union and this bill would have removed the second election. It would have likely resulted in more union construction labor in the state. Proponents may this bill back either next year if a compromise can be identified or in 2027 when Colorado has a new governor that may be more union-friendly.

2025 Legislative Session Summary • Part 1

2025 AIA Colorado Legislative Session Summary

Part 1

2025 was a busy year at the State Capitol for AIA Colorado. Despite a significant state budget shortfall, we tracked more legislation than usual affecting the architecture profession. We identified 26 bills of interest to our members and took positions on 12 of them, listed below.

We’re proud to report that every bill AIA Colorado supported passed, and every bill we opposed failed.

This summary will be published in two parts:

  • In Part 1, we’ll take a deep dive into the most impactful bills related to housing and sustainability/resiliency.
  • Part 2 covers professional liability, building codes, project funding, and legislation affecting the construction trades.

Top AIA Colorado Housing Bills

HB25-1272: Construction Defects & Middle Market Housing

Bill status: Signed into law
AIA Colorado position: Support

Summary

Colorado condominium construction has been lagging behind demand for decades, primarily due to construction defect liability risks for all parties involved in these projects. The condo projects that have come to market tend to be at the luxury end, where costlier efforts to limit liability exposure can be absorbed into the selling price. Previous reform efforts have made modest gains in balancing the rights of homeowners and construction professionals, but they haven’t resulted in a meaningful increase in new projects.

HB25-1272 takes a new approach to the problem by creating an opt-in “Multifamily Construction Incentive Program” that developers, design professionals, and builders can join together. If all parties opt in, and a construction defect occurs, they receive enhanced protections and procedures to correct the issue before resorting to litigation. In exchange for these protections, stronger warranties must be offered to homeowners, and a more robust set of third-party inspections must be performed during construction—steps that should, in theory, reduce the occurrence of defects.

Architects and engineers, in particular, benefit from an improved “certificate of review” process conducted by a peer professional. Under current Colorado law, all regulated professions benefit from a certificate process in which a qualified third party must review the claim before a lawsuit can be filed. Unfortunately, the current standard is low (the claim must simply not be obviously fraudulent) and isn’t well-suited to complex issues like construction defects. For projects in this program, the third-party architect or engineer must be able to identify a negligent act or omission tied to the design work.

Impact

It will take time for this effort to bear fruit. Developers must choose to opt in and then bring the design team on board. General contractors bidding on a project must agree to the warranty and inspection requirements. It will be years before these projects reach the market—and years again before we know whether the program’s procedures successfully prevent lawsuits (though, ideally, defects will occur less frequently). If projects don’t opt in, the program framework may need to be revised. Still, we’re optimistic that this new program will result in more condo projects being developed in Colorado.

HB25-1273: Residential Building Stair Modernization

Bill status: Signed into law
AIA Colorado position: Support

Summary

Getting a multifamily residential project to pencil out can be challenging on small or oddly shaped lots. A commonly identified barrier is the space taken up by two egress stairs and the double-loaded corridors that typically result. Designing floor plans around a single central stair creates much more efficient layouts and can also facilitate units with three or more bedrooms, which are otherwise uncommon. The obvious downside is that, in an emergency, a single exit is a single point of failure—and people’s lives are at risk. Still, multiple exits are only one of many safety strategies embedded in building codes, and in recent years, there has been a growing movement to explore how taller single-stair buildings can still be designed with safety in mind. Seattle, Washington, in particular, has for decades allowed six-story multifamily buildings with a single egress stair, compared to the three stories typically allowed by the International Building Code (IBC).

After a failed effort in 2024 and significant stakeholder outreach with fire marshals, fire chiefs, and firefighter unions, there is now an agreed-upon framework for additional safety measures that must be implemented to allow five-story single-stair residential buildings in Colorado. Of the 22 new requirements, most are applications of provisions already found in the building code. Examples include limiting these buildings to Type I, II, or IV construction; requiring full sprinkler coverage; and enforcing limited travel distances, among others. Additional requirements, such as unit count and area restrictions, are specific to this project type. Local fire departments must be consulted, as they must have an adequate aerial apparatus to reach the top story of these buildings from the exterior.

The bill requires all local jurisdictions in Colorado with populations above 100,000 to allow these taller single-stair buildings by December 1, 2027.

Impact

This bill’s passage should enable more density on smaller lots that are currently vacant or underdeveloped as low-density residential. While we have concerns that the building type limitations could make it difficult to market units in these buildings as affordable, Colorado’s housing needs span the income spectrum. We remain hopeful that developers will find ways to make taller single-stair projects viable for both for-sale and rental housing.

Other Housing Bills of Interest

HB25-1093: Limitations on Local Anti-Growth Land Use Policies

Bill status: Signed into law

Overview

Colorado generally defers to local jurisdictions on policies related to housing growth. While logistical considerations still vary by locality, this bill prohibits local governments from enacting growth restrictions through simple limits on building or development permits. Previous implementations of such policies are forms of NIMBYism, are effectively discriminatory, and can cause significant issues—especially in clusters of cities where these limits are applied inconsistently at the regional level.

HB25-1169: Housing Developments on Faith and Educational Land

Bill status: Failed in Senate

Overview

Affectionately called the “Yes in God’s Backyard” (YIGBY) bill, this proposal would have allowed vacant land on church- or university-owned properties to be developed into affordable housing units. While well-intentioned, the bill included limited guardrails on density, which could have led to massive new developments on large parcels of land owned by these entities—often in areas not zoned for, or lacking the infrastructure to support, such projects. Although low-density zoning across the state is one of the factors contributing to our insufficient housing supply, this bill didn’t strike the right balance due to the way it overrode local zoning authority.

HB25-1211-Tap Fees Imposed by Special Districts

Bill status: Signed into law

Overview

Tap fees in special districts vary widely across the state and can have a substantial impact on the cost of new housing units. This bill limits what special districts can take into account when setting tap fees to specific items directly related to water use and availability. In theory, these restrictions will reduce tap fees by requiring more carefully considered predictions of water usage.

Top AIA Colorado Sustainability/Resiliency Bills

HB25-1006: School District Solar Garden Lease Term

Bill status: Signed into law
AIA Colorado position: Support

Summary

Based on future enrollment projections, it’s not uncommon for school districts to purchase land years in advance of developing a project. Similarly, districts may acquire larger parcels than are immediately necessary for various strategic reasons. Current state law prohibits school districts from leasing their unused land for terms longer than 10 years, to prevent an elected school board from making a short-sighted decision with long-term consequences.

This bill creates exceptions to the 10-year lease limit for uses such as solar fields, energy storage systems, and affordable housing. These uses are recognized as providing community benefits—but especially for solar fields, the projects often aren’t financially viable under a 10-year contract.

Impact

Even when projected enrollment growth doesn’t materialize, selling district-owned land can be short-sighted—particularly if the property lacks infrastructure, making it less suitable for private development. This bill supports Colorado’s carbon reduction goals by enabling more local renewable energy generation, and it encourages school districts to consider private partnerships to fund staff housing projects when up-front capital is unavailable.

HB25-1269: Building Decarbonization Measures

Bill status: Signed into law
AIA Colorado position: Support

Summary

In 2021, Colorado became one of the first states in the nation to create a Building Performance Standards (BPS) program, requiring certain buildings (50,000 square feet and larger) to limit their annual energy use based on Energy Use Intensity (EUI) targets set by a board created under that bill. These buildings must also benchmark their annual energy use to demonstrate compliance.

The 2021 bill established two compliance years—2026 and 2030—during which buildings that fall short of their EUI targets must make at least incremental improvements. Based on early benchmarking scores and the impact COVID-19 had on office vacancy rates, the statutory goals have proven difficult to meet, and more buildings than anticipated have applied for variances and extensions.

This bill makes several adjustments to the BPS program to allow for more realistic compliance timelines, informed by early data and feedback from large building owners. It also adds a new EUI target for 2040. Grant funding will be made available to help building owners navigate the program and bring their buildings into eventual compliance.

Impact

It’s no surprise that a bleeding-edge BPS program would require tweaks along the way. The program has created—and will continue to create—opportunities for energy-use reduction projects that require design expertise from both architects and professional engineers. There are significant potential gains to be made in reducing carbon emissions from the built environment in Colorado.

SB25-182: Embodied Carbon Reduction

Bill status: Signed into law
AIA Colorado position: Support

Summary

Colorado has an existing C-PACE financing program originally intended to cover up-front costs of energy improvement projects (in new or existing buildings) that have predictable payback periods and can be repaid over time via property tax payments. Local jurisdictions must opt in to allow this program for buildings to utilize tax payments to repay this type of loan. C-PACE financing is one piece of any project funding puzzle but can make certain improvements achievable that are often removed from a project scope due to up-front costs.

This bill simply expands the allowable C-PACE financing project types to include embodied carbon improvements.

Impact

The intent is to promote low embodied carbon materials used in more projects, also incentivizing more companies in the state to consider lowering the embodied carbon in their products and materials. The example commonly used by the bill’s sponsors was low-carbon concrete that many Colorado plants are including in their mix offerings.

Other Sustainability/Resiliency Bills of Interest

SB25-142: Changes to Wildfire Resiliency Code Board

Bill status: Signed into law

Overview

This bill introduces provisions to streamline the adoption process for local jurisdictions that must use the forthcoming wildfire resiliency code for wildland/urban interface areas.

HB25-1040: Adding Nuclear Energy as a Clean Energy Resource

Bill status: Signed into law

Overview

The state will consider nuclear energy as a source of clean energy, given its lack of emissions in the context of Colorado’s aggressive carbon reduction goals in the coming decades. Nuclear energy is also perceived as being better for grid reliability than solar or wind power energy sources. This bill may or may not result in more nuclear power generation (large scale or via modular units) but opens the door for nuclear to be considered more favorably.

HB25-1096: Automated Permits for Clean Energy Technology

Bill status: Signed into law

Overview

As every architect knows, permit review times across the state have increased substantially in recent years. This bill will remove some of that strain by allowing residential solar panel projects to be reviewed and approved via automated permitting software, which has a record of success already in other states.

HB25-1113: Limit Turf in New Residential Development

Bill status: Signed into law

Overview

Following up on the 2024 bill limiting turf grass, artificial grass, or invasive species in certain types of properties and spaces not occupied by people, this year’s bill expands the scope to multi-family residential projects of 12 units or more. “Functional turf” remains allowed in spaces intended for recreational use or regular human occupation.

HB25-1267: Support for Statewide Energy Strategies

Bill status: Signed into law

Overview

This bill makes changes to rules and grant funding for electric vehicle charging stations to further promote expanding electric charging infrastructure across the state.

2025 Legislative Session Highlights

2025 Legislative Session Highlights

AIA Colorado is proud to stand up for the profession as your legislative champion. This year was one of our most successful sessions ever. We took a position on 12 bills and each one got the result we lobbied for! We’ll publish our full report next month, but here are the major highlights from the 2025 legislative session.

We supported 9 bills this year, all of which have been signed into law or are awaiting the governor’s signature. We opposed 3 bills this year that would have increased architects’ liability risks and successfully defeated them all.

HB25-1272: Construction Defects & Middle Market Housing creates a new program to promote more housing and condominium projects in particular. Projects that opt into the program will have a mix of incentives and requirements to improve construction quality and promote construction defect solutions before resorting to lawsuits. 

Read more about this bill here.

HB25-1273: Residential Building Stair Modernization creates a set of code requirements that large cities will be required to adopt to allow five-story single-stair residential buildings. This space-saving measure will create opportunities for more density on smaller lots and the new code requirements offset the potential reduction in safety for only having one exit stair.

Read more about House Bill 1273 in the Colorado Sun.

SB25-185: Claims Against Construction Professionals would have allowed more tort claims in residential project construction defect lawsuits to be filed instead of contract claims that respect terms negotiated between construction professional parties. We defeated this bill but if it had passed, architects and engineers would have had more lawsuit exposure in for-sale residential projects resulting in greater insurance costs and risk. This would drive firms out of this market and/or raise costs to cover the new risk.

Rea more about Senate Bill 185 here.

To achieve these extraordinary results takes a team effort. Your membership lets us stand up a robust advocacy infrastructure of full-time staff, experienced lobbyist, enhanced bill tracking systems, an Architects’ Day at the Capitol, committee testimony from affected professionals and a dedicated group of Government Affairs Committee volunteers. We hope you feel part of this success and will join us in thanking the Representatives, Senators and Governor who were on our side.

Mike Waldinger, Hon. AIA, CEO, AIA Colorado

Q2 Letter from the President

Hello AIA members!

One of AIA Colorado’s most important roles is the advocacy that it does on behalf of its members’ interests. The AIA Colorado staffBoard of Directors, and committees have been busy for the last few years and we are incredibly fortunate to have Nikolaus Remus, AIA, Advocacy Engagement Director, Jerry Johnson, lobbyist, and Mike Waldinger, Hon. AIA, CEO, on our team.

Guided by direction from the Board and the dedicated efforts of the AIA Colorado Government Affairs Committee, Committee on the Environment, and Housing Committee, we have been at the center of recent legislative action. With the Governor prioritizing policies to improve Colorado’s housing landscape, we have been actively engaging in the process, offering feedback on draft bills, collaborating with allies, and advocating for favorable legislation. At the same time, we oppose bills that undermine the value and interests of the architecture profession.

This year, we are working closely with the Colorado legislature to help alleviate the state’s housing crisis by advancing key policy reforms:

HB25-1272: Construction Defects & Middle Market Housing

Our focus is on reforming Colorado’s restrictive construction defects laws to make condo development viable again. This bill will create a new program for multi-family residential projects that construction professionals can opt into, offering increased liability protections if certain requirements are met. Highlights include:

  • A more robust Certificate of Review process that must be completed before naming an architect or engineer in a suit.
  • Promoting 3rd party inspections and better warranties that encourage correcting issues without resorting to a lawsuit
  • More clarity on what is considered actual and potential damage.
  • Increasing the minimum threshold for class-action lawsuits to 65% of HOA members

HB24-1273: Residential Building Stair Modernization

We are advocating for taller single-stair residential buildings of up to five stories, with a maximum of four units per floor. This approach is allowed in Seattle, Tennessee, and most of Europe, and has been shown by the Pew Charitable Trust to have no adverse impact on safety. This change would enable more creative designs on smaller lots, accommodating more bedrooms and reducing the space and cost dedicated to circulation.

AIA Colorado’s Housing Initiatives

Beyond our legislative efforts, we continue to strengthen our architectural community’s role in housing solutions:

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AIA Colorado Advocates in Washington, D.C.

In February, an AIA Colorado delegation attended the AIA Leadership Conference in Washington, D.C., where we met with the offices of Colorado’s Senators and Congressional representatives to advocate for key legislative priorities:

  • Reinstating the R&D Tax Credit: restoring this valuable tax credit with its original one-year amortization and allowing firms to retroactively claim it back to 2022, when it was unexpectedly paused.
  • Renewing and expanding the 179D tax deduction: increasing the $5/sf. tax credit for architects designing and remodeling energy-efficient commercial buildings.
  • Renewing the 1099 20% pass-through deduction, which many architecture firms rely on.
  • Tax credits for historic buildings.
  • Protecting design freedom for federal buildings: ensuring that architects can continue designing in appropriate styles, as outlined by the GSA. The AIA successfully opposed an attempt during the first Trump administration to mandate Classical architecture as the only acceptable style for federal buildings, but this issue is likely to resurface.

Our advocacy efforts ensure that architects have a voice in shaping Federal policies important to the architecture profession and built environment.

Our Commitment to Core Values

AIA is a non-partisan organization, deeply committed to the values that define our profession and our work. We do not align with any political party, however we actively advocate for principles that shape a better built environment and a stronger architectural community.

At this moment, some federal policies challenge these fundamental values, and we remain steadfast in defending them:

  • Celebrating the benefits of a diverse, equitable and inclusive professional membership.
  • Addressing the climate crisis by recognizing the critical role buildings play in both contributing to and mitigating climate change, supporting sound science, and leading the charge to create more sustainable and resilient buildings and communities.
  • Advocating for housing for all as we believe that quality housing is a fundamental human right.
  • Honorable, thoughtful, and fair business and governance practices.

As architects, we are not only designers—we are leaders, problem-solvers, and advocates for a more sustainable, equitable, and just future.

Contribute to ARCPac

All of these priorities are built upon a foundation of good public policy. As the collective voice of our profession, AIA actively engages in civic discourse, advocating for architects through legislation and building codes at the local, state, and national levels.

Our state level advocacy efforts are amplified by ARCPac, which enables us to support state legislators who are allies of the architecture profession. It is the fuel that powers our advocacy work. 100% of your AIA Colorado Board has already contributed, and we invite you to join us in building on the impact too. 

Make your contribution today to help us advance policies that support.

We are all busy balancing careers, health, family, and friends. Sometimes it seems like there’s no extra bandwidth available to tackle big and often controversial societal issues. But as architects, we are leaders in the civic realm. We’re problem solvers,  trained to come up with solutions and advocate for them effectively. 

Individually, we influence our projects and our firms by setting good examples. Together, we have the power to create real, lasting change.

Scott Rodwin

President, AIA Colorado

AIA Leadership Summit 2025

AIA Leadership Summit 2025 is the premier advocacy and leadership training event for AIA chapter leaders. The annual event is always one of AIA’s best attended leadership events—offering attendees a unique platform to engage in critical policy discussions with lawmakers while enhancing their leadership skills.

One component of the Leadership Summit experience is Hill Day, providing architect members with a platform to directly advocate for legislation impacting the profession before Members of Congress and Congressional staff. AIA Colorado leaders met with congressional staff from several offices, sharing on the issues affecting the industry today.

AIA Colorado’s representation included:

  • Scott Rodwin, AIA, AIA Colorado President
  • Andy Rockmore, AIA, AIA Colorado President-Elect
  • Sarah Broughton, FAIA, Strategic Council Representative
  • Huili Feng, AIA, North Director
  • Andi Korber, AIA, West Director
  • Brittany Goldsmith, Assoc. AIA, Government Affairs Committee member
  • Mike Waldinger, Hon. AIA, AIA Colorado CEO
  • Nikolaus Remus, AIA, AIA Colorado Advocacy Engagement Director
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The following are a few highlights and takeaways from the AIA Colorado delegation:

“We just wrapped up an incredible three days in DC at the AIA Leadership Summit with my fellow AIA Colorado members and leaders from across the country! I’m proud of what our group has accomplished—engaging in breakout sessions, gaining leadership insights from inspiring keynote speakers, and advocating for our profession on Capitol Hill. Sharing our personal experiences on the impact of federal policy with congressmen, house representatives, and industry advocates during Hill Day was truly impactful. Grateful for the opportunity to learn, connect, and help shape the future of our profession.

My key takeaways from the summit:

  • Complaining is not a strategy. Taking action on the things you can control is.
  • There is power in numbers. Showing up is an act of advocacy too.
  • Psychological safety is essential for improving performance in any working environment.”

– Huili Feng, AIA, North Director

“The leadership summit was personally inspiring, for I was able to see how our local and state leaders are coming together on a national, even global, level, to collaboratively effect change. We are all working together as one to be stewards to our communities and our profession, and individually with our distinct perspectives and capabilities, given the opportunity to tell our stories and have them hold value in conversations with one another. I was able to see a vast array of what my future could hold in the examples of others, and the compassion for others held within our civic minded efforts. The conference reminded me that we can make a difference, when faced with challenges and opposition, and we have an opportunity to rewrite what the future can look like – it will be done as a community, continuing to respect and listen to one another, sharing and offering resources, fostering creativity and well-being, and holding room at the table. 

I’m grateful for the opportunity to join you all at the leadership summit, and as a member of AIA Colorado, extremely proud of our leadership for 2025. I cannot say enough good things about each of you, and how well you unite as a team!”

 – Brittany Goldsmith, Assoc. AIA

“As I reflect on the trip, I am immensely gratified by our group because each of you embody the best attributes of leadership.

Whether that is presenting a breakout session, sharing your personal examples of federal policy impact, interacting with other attendees or simply being a positive and sincere professional.

I don’t know if you noticed but AIA Colorado attracts national leadership, board candidates and other component leaders. People want to know what we are up to and how we are doing it.

Let’s keep having fun, enjoying our work and making a difference!”

 – Mike Waldinger, Hon. AIA, AIA Colorado CEO

AIA Colorado 2025 Day at the Capitol recap

2025 Day at the Capitol

Building upon our success last year in support of our practice act renewal, AIA Colorado returned to the state capitol this year to meet with legislative allies and share our expertise on policy issues important to the architecture profession. We had a group of twenty members across four different committees to talk about construction defect lawsuit reform and to advocate for taller single-stair multifamily residential buildings in Colorado. Improving access to housing in Colorado is a high priority for both the legislature and the governor.

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Our biggest advocacy effort this year is working to address construction defect lawsuits that have held back condominium development in Colorado for more than a decade. Too many architects have been named in these lawsuits when there was no design error and this is especially common when homeowner associations bring suit on behalf of every unit owner in a community. The result has been that our liability insurance rates have skyrocketed and condo development is at a standstill. Our goal with a reform bill this year isn’t to take away a homeowners rights to seek legal remedy, but to promote better construction practices and create incentives for owners to allow builders to correct issues without lawsuits being necessary.

The other bill we’re closely tracking is the adoption of taller single-stair residential buildings (now being called “smart stair” buildings) so that we can increase unit density on smaller lot sizes. Providing two exits is standard for buildings taller than 3 stories, but the resulting double-loaded corridors make egress a significant percentage of floor plans. Increasing the height of a single-stair building to five stories would allow more density and better accommodate units with more bedrooms. AIA Colorado is working closely with legislators to evaluate appropriate safety measures that don’t put building occupants at greater risk in an emergency.

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Staff Advocacy Engagement Director Nikolaus Remus, AIA, and our lobbyist Jerry Johnson, work year-round building and maintaining relationships with both Democratic and Republican legislators across the state. As a result of these efforts, we were able to confirm 18 legislator meetings ahead of the event representing our strongest allies and legislators with constituents in attendance. As is often the case during the annual legislative session, we had some curve balls thrown at us on legislator availability at the last minute.

First, we learned that the senate was going to spend the entire day debating this year’s big gun bill. Not ideal, but we figured we could pull members off the floor for brief meetings, plus a majority of our meetings were scheduled with representatives. Until we found out that the house was going to spend the morning on resolutions recognizing veterans. Which turned out to be an even bigger hurdle, as no legislator wants to be off the floor for too long during these tributes. Then the senators all went over to the house chambers for the tributes as well.

Thankfully we started before the house began its day. House Speaker Julie McCluskie helped us present our 2024 Outstanding New Legislator award to Rep. William Lindstedt, who carried our licensure bill last year.

We were able to catch a handful off legislators off the floor and Senate President James Coleman made time to meet with us to close out the morning. While it wasn’t how we planned the day, we still had productive discussions and were able to teach members about how things work at the capitol.

Not every AIA Colorado member can take time out of their busy week to participate in our advocacy efforts, but a critical component is to help friends of the architecture profession get elected and re-elected. Please support our efforts by making a contribution to ARCpac, so that AIA Colorado members can continue our campaign support. Individuals and firms can make a contribution of up to $725 every election cycle (which just began in December) but any amount is greatly appreciated.

2024 Legislator Awards

The AIA Colorado Government Affairs Committee is thrilled to announce Sen. James Coleman as the recipient of our 2024 Legislator of the Year award and Rep. William Lindstedt as 2024’s Outstanding New Legislator.

Thank you to both Sen. Coleman and Rep. Lindstedt for their continued support of the architectural profession’s interests at the Capitol as we all strive to live in a more equitable, sustainable, and beautiful Colorado!

Senator Coleman helped protect architects from an attempt to increase our exposure to construction defect lawsuits and introduced this year’s attempt at construction defect litigation reform. While that bill didn’t pass in the House, his efforts brought awareness to this issue and set the stage for another effort in 2025.

Rep. Lindstedt championed our practice act renewal bill (along with 2022 legislator of the year Rep. Shannon Bird) and helped ensure there were no surprises or roadblocks along the way.

Thursday, December 5th, the AIA Colorado Government Affairs Committee (GAC) welcomed Sen. Coleman to a luncheon and Nikolaus Remus, AIA, Advocacy Engagement Director, presented him with his award. Sen. Coleman shared with the group how the time he has spent with architects has shaped his perspectives of our built environment and offered gratitude for the ongoing work of architects in Colorado.

Sen. James Coleman | AIA Colorado
Sen. James Coleman | AIA Colorado
Government Affairs Committee | AIA Colorado

ARCpac and ARCsdc announce 2024 recipients of campaign contributions

ARCpac and ARCsdc announce 2024 recipients of campaign contributions

ARCpac and ARCsdc accept contributions from AIA members and use these funds to support state legislative race candidates who support the architecture profession. Issues affecting the architects at the capitol are non-partisan and we have allies on both sides of the aisle. Below are the candidates supported in 2024.

With the successful effort to renew our practice act in 2024, we’ve greatly expanded the list of contribution recipients this year to include legislators who stepped up to support our bill in committee hearings and who signed on as co-sponsors of this legislation.

Denver Section area candidates:

  • Javier Mabrey (D) HD-01
  • Meg Froelich (D) HD-03
  • Cecilia Espinoza (D) HD-04
  • Alex Valdez (D) HD-05
  • Sean Camacho (D) HD-06
  • Lindsay Gilcrhist (D) HD-08
  • Emily Sirota (D) HD-09 
  • Monica Duran (D) HD-23
  • Lisa Feret (D) HD-24
  • Brianna Titone (D) HD-27
  • Sheila Lieder (D) HD-28
  • Shannon Bird (D) HD-29, AIA Colorado Legislative Champion
  • Rebekah Stewart (D) HD-30
  • William Lindstedt (D) HD-33, AIA Colorado Legislative Champion
  • Jenny Willford (D) HD-34, AIA Colorado Legislative Champion
  • Michael Carter (D) HD-36
  • Chad Clifford (D) HD-37
  • Gretchen Rydin (D) HD-38
  • Naquetta Ricks (D) HD-40
  • Iman Jodeh (D) HD-41
  • Robert Marshall (D) HD-43
  • Max Brooks (R) HD-45
  • Lisa Frizell (R) SD-2
  • Dafna Michaelson Jenet (D) SD-21
  • Idris Keith (D) SD-28
  • Janet Buckner (D) SD-29
  • Chris Hansen (D) SD-31, AIA Colorado Legislative Champion
  • James Coleman (D) SD-33, AIA Colorado Legislative Champion

North Section Area Candidates:

  • Junie Joseph (D) HD-10
  • Kyle Brown (D) HD-12
  • Dan Woog (R) HD-19
  • Carlos Barron (R) HD-48
  • Lesley Smith (D) HD-49
  • Yara Zokaie (D) HD-52
  • Dusty Johnson (R) HD-63
  • Cathy Kipp (D) SD-14, AIA Colorado Legislative Champion
  • Sonya Jaquez Lewis (D) SD-17
  • Judy Amabile (D) SD-18

South Section Area Candidates:

  • Stephanie Vigil (D) HD-16
  • Regina English (D) HD-17
  • Tisha Mauro (D) HD-46
  • Cleave Simpson (R) SD-06, AIA Colorado Legislative Champion
  • Larry Liston (R) SD-10
  • Marc Snyder (D) SD-18

West Section Area Candidates:

  • Julie McCluskie (D) HD-13
  • Meghan Lukens (D) HD-26
  • Elizabeth Velasco (D) HD-57
  • Katie Stewart (D) HD-59
  • Dylan Roberts (D) SD-08, AIA Colorado Legislative Champion

If you’d like to learn more about any of these contributions, please contact Advocacy Engagement Director Nikolaus Remus, AIA.

AIA Colorado 2024 Legislative Session Summary Part 2

With the 2024 legislative session in the book, let’s review the bills of interest to AIA Colorado. This year, there were 46 bills on our tracking list out of 705 introduced. Most importantly, our practice act was renewed! Five of the nine bills we supported passed and both bills we opposed failed. 2024 was a tight budget year so many bills that otherwise had a chance of passing did not have funding available.

Given the number of bills of interest to architects this year, we’ll review highlights in both June newsletters. In this second part of the summary, we’ll cover additional bills that apply either to portions of our membership or impact the way firms are managed as businesses.

Read 2024 Legislative Sessions Summary – Part 1 here.

HB24-1091: Fire-Hardened Building Materials in Real Property

Bill status: Signed into law

AIA position: Support

Summary: The bill generally prohibits covenants and other restrictions that disallow the installation, use, or maintenance of fire-hardened building materials in residential real property, including in common interest communities. An exception is made allowing a unit owners’ association to develop reasonable standards regarding how fire-hardened building materials used for fencing within the community.

Impact: The driving force behind this bill was the 2021 Marshall Fire. Three years after the fire, more and more home rebuild projects are at or near completion and many are located within neighborhoods governed by homeowner associations. Individual homeowners started to receive reminders that certain building materials, fences and roofs in particular, had to be wood and of certain styles to meet HOA covenants or rules. These homeowners were rightly outraged, as flammable fences and roofs were a big part of why the wind-driven fire spread faster than firefighters could contain it. Architects will now be free to select appropriate building materials for our client who want fire-resistant homes.

HB24-1173: Electric Vehicle Charging System Permits

Bill status: Signed into law

AIA position: Monitor

Summary: The bill promotes an expedited permitting process for the approval of electric motor vehicle (EV) charging systems for local governments. They must adopt an application procedure for an applicant to apply for an EV charger permit to install an EV motor vehicle charging system. Once the application is complete, the county permitting agency or municipal permitting agency will review and approve, conditionally approve, or deny an EV charger permit:

Impact: Local governments in cities above 10,000 people and counties above 20,000 people will use objective standards for EV charger permits and report to the state periodically on how many applications were submitted as well as if they were approved or not. This may assist architects who’s projects incluce EV charges. An increase in EV chargers statewide may impact how individual clients consider whether or not to include chargers in their projects or local grid capacity.

HB24-1267: Metropolitan District Covenant Enforcement Policy

Bill status: Signed into law

AIA position: Monitor

Summary: The bill requires a metropolitan district engaging in covenant enforcement and design review services to comply with certain procedural requirements, including refraining from prohibiting residents from engaging in certain activities regarding the use of their property, including displaying flags and signs; parking a motor vehicle in a driveway; removing certain vegetation to create a defensible space for fire mitigation purposes; performing reasonable property modifications to accommodate disabilities; using xeriscape, nonvegetative turf grass, or drought-tolerant landscaping ; using a rain barrel; operating a family child care home; using renewable energy generation devices; and installing or using an energy efficiency measure. Additionally, a metropolitan district is prohibited from requiring residents to use cedar shakes or other flammable roofing materials.

Impact: Metro districts are a common means of funding development in land areas that require substantial up-front infrastructure investment. Architects working with clients whose project is within a metro district (most commonly single-family homes) will face fewer restrictions on sustainable and resilient design elements.

HB24-1307 HVAC Improvements for Public Schools

Bill status: Vetoed by governor

AIA position: Monitor

Summary: The bill requires a school administrative entity to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the school administrative entity undertakes HVAC infrastructure improvement. It establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the bill. A school administrative entity that undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source must do so using only contractors on the certified contractor list established by the department of labor and employment.

Impact: In addition to periodic HVAC system maintenance and replacement, more school districts wish to install air conditioning systems in existing buildings in response to hotter temperatures. If this bill had been signed into law, districts would have been forced to use pre-approved HVAC contractors when accepting funding for such projects. Such contractors are located primarily along the front range, likely resulting in higher construction costs and therefore fewer/smaller projects for schools in more rural parts of the state.

SB24-073: Maximum Number of Employees to Qualify as Small Employer

Bill status: Signed into law

AIA position: Monitor

Summary: For the purposes of providing health insurance coverage, current law defines a “small employer” as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the bill amends the definition to define a “small employer” as any person that employs between one and 50 employees during a calendar year.

Impact: “Small group health benefit plans” are offered to smaller businesses but may be kept for a certain duration after a company grows beyond a certain size. Principals for firms that are between 51-100 employees or approaching the new 50-person threshold are encouraged to consult with your health insurance provider to determine how 2026 plans may be affected.

SB24-214: Implement State Climate Goals

Bill status: Signed into law

AIA position: Monitor

Summary: The bill implements specific climate goals across numerous state agencies The most notable items include:

  • Creation the Office of Sustainability in the Department of Personnel, who will work with state agencies and institutions of higher education to implement environmentally sustainable practices and oversee related available federal funding.
  • A revolving fund to replace gas- and diesel-powered equipment located in ozone nonattainment areas.
  • Extension of the deadline for the state energy code board to develop a model low energy and carbon code and specifies that the model low energy and carbon code can include appendices and resources to the international energy conservation code.

Impact: There may be an increase in sustainability-related projects for state agencies. The deadline changes for the state energy code board are minor and primarily based on accommodating the format and magnitude of updates in the 2024 International Energy Conservation Code (IECC), now that it has been published.

SB24-218 Modernize Energy Distribution Systems

Bill status: Signed into law

AIA position: Monitor

Summary: Larger utilities are directed to modernize their electrical distribution systems to facilitate the transition away from fossil fuel utility connections and towards all-electric buildings. The bill details how such plans will be implemented and how costs to do so will be approved by the state. This bill will also create grants to support electrical linework apprenticeship programs.

Impact: The state wants to reduce carbon emissions over time and has identified all-electric buildings as an important part of that reduction. We anticipate that all-electric buildings will become the norm and then ultimately a code requirement in most parts of the state. Utilities need to update electric grids to facilitate this transition.

AIA Colorado 2024 Legislative Session Summary Part 1

With the 2024 legislative session in the books, let’s review the bills of interest to AIA Colorado. This year, there were 46 bills on our tracking list out of 705 introduced. Most importantly, our practice act was renewed! Five of the nine bills we supported passed and both two bills we opposed failed. 2024 was a tight budget year so many bills that otherwise had a chance of passing did not have funding available.

Given the number of bills of interest to architects this year, we’ll review highlights in both June newsletters. This week we’ll cover our practice act and the many housing-related bills introduced. Please note that while some bills are still awaiting the governor’s signature, we do not anticipate any more will get vetoed than those already noted as such.

Read 2024 Legislative Sessions Summary – Part 2 here.

HB24-1329: Sunset Architects Engineers & Land Surveyors

Bill status: Signed into law

AIA position: Support

Summary: All licensed professionals in Colorado must undergo periodic reviews (at least every 15 years) by the state’s Dept. of Regulatory Agencies (DORA). They then make recommendations on changes or updates to the applicable practice act and the act must be repassed by the state legislature. Changes to our practice act were limited to cleaning up outdated language and references, as well as putting board-related practices in alignment with other similar DORA boards. There were no changes to the way architecture is practiced or the path to licensure. Land Surveyors successfully lobbied to implement their own version of continuing education requirements. We won’t have to go through another review for nine years.

Impact: If the legislature fails to pass a new practice act, architects would have no longer been licensed in the states. This was never a significant risk but AIA Colorado worked tirelessly to ensure a smooth process during the DORA report process in 2023 and this year’s bill as it made its way through the legislature.

HB24-1008: Wage Claims Construction Industry Contractors

Bill status: Vetoed by governor

AIA position: Oppose

Summary: For wage claims brought by individuals working in the construction industry, the bill requires that a subcontractor that receives a written demand for payment forward a copy of the written demand for payment to the general contractor within 3 business days after receipt. It specifies that a general contractor entering into a construction contract is liable for all amounts owed to an employee for the employee’s labor, construction, or other work, including amounts owed by a subcontractor acting under, by, or for the general contractor; and allows a general contractor to require certain information from each subcontractor acting under, by, or for the general contractor.

Impact: If passed, this would have raised construction costs on all projects in Colorado. General Contractors  would have to increase their reserves and reevaluate subcontractors they would consider hiring. A similar bill that passed in California has increased tensions between GCs and subs.

HB24-1083: Construction Professional Insurance Coverage Transparency

Bill status: Failed

AIA position: Monitor

Summary: The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado.

Impact: Insurance rates for multifamily residential projects (and condos in particular) are significantly higher than other project types due to increased risk of lawsuits. Design and construction professionals, alongside the insurance industry, have been talking about the liability risk for years and don’t believe that a state-conducted study would have come to any other conclusion.

HB24-1125: Tax Credit Commercial Building Conversion

Bill status: Failed

AIA position: Support

Summary: The bill creates a new refundable tax credit to be claimed in tax years commencing on or after January 1, 2026, and before January 1, 2036. The credit may be claimed for certain costs related to the conversion of a commercial structure to a residential structure.

Impact: This bill was a victim of the state budget challenges faced this year. The appropriation of $5M would not have impacted a significant number of conversion projects though.

HB24-1152: Accessory Dwelling Units

Bill status: Signed into law

AIA position: Support

Summary: The bill requires a subject jurisdiction (in a metropolitan planning district) to allow, subject to an administrative approval process, one accessory dwelling unit as an accessory use to a single-unit detached dwelling in any part of the subject jurisdiction where the subject jurisdiction allows single-unit detached dwellings. The bill also prohibits subject jurisdictions from enacting or enforcing certain local laws that would restrict the construction or conversion of an accessory dwelling unit.

Impact: Local zoning codes have been a significant impediment to increasing the number of ADUs in the state. Even at current construction and financing costs, we believe there will a notable increased in ADUs constructed based on similar changes in other states.

HB24-1175: Local Goverments Rights to Property for Affordable Housing

Bill status: Sent to governor

AIA position: Monitor

Summary: The bill creates a right of first refusal and a right of first offer for local governments to certain types of multifamily rental properties. The right of first offer is temporary and terminates on December 31, 2029. For multifamily rental properties that are existing affordable housing consisting of not less than five units, a local government has a right of first refusal to match an acceptable offer for the purchase of such property, subject to the local government’s commitment to using the property as long-term affordable housing.

Impact: While this bill will preserve existing affordable housing in Colorado, the impact on architects directly will be minimal. Certain residential developers with an eye for a good deal may not be able to pursue for-profit improvement projects on affected multifamily residential properties.

HB24-1230: Protections for Real Property Owners

Bill status: Failed

AIA position: Oppose

Summary: The bill makes it a violation of the “Colorado Consumer Protection Act” to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law. It also requires a court to award to a claimant that prevails in a claim arising from alleged defects in a residential property construction, in addition to actual damages, prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter.

The bill increases the amount of time in which a lawsuit may be brought against contruction professionals from 6 to 10 years. IT also changes the time when a claim of relief arises to include both the discovery of the physical manifestation and the cause of the defect instead of when a defect’s physical manifestation was discovered or should have been discovered.

The bill voids a provision in a real estate contract that prohibits group lawsuits against a construction professional. It also prohibits governing documents of a common interest community from setting different or additional requirements than those in current law for a construction defect action.

Impact: If this bill had passed, it would have certainly increased our risk to lawsuits and as a result, would have substantially increased insurance costs for architects and all developers/construction professionals. 

HB24-1239: Single-Exit Stairway Multifamily Structure

Bill status: Failed

AIA position: Support

Summary: The bill requires a local government to adopt a building code, or amend an existing building code, to allow up to 5 stories of a multifamily residential building to be served by a single exit. To satisfy this requirement, a local government shall incorporate by reference and adopt or adapt and adopt language from a portion of an existing building code that allows a single exit to serve no more than 5 stories of a group r-2 occupancy in the same building. If a local government so requests, the department of local affairs shall provide technical assistance to the local government in satisfying this requirement.

Impact: While taller single-stair residential buildings have a good safety record in other parts of the country, fire marshals lobbied hard against this bill. They had both general safety concerns and believed local governments may not have had the proper emergency response infrastructure to accommodate such buildings. We’ll continue to reach out to stakeholders to determine if there is an opportunity to reintroduce a similar bill next year.

HB24-1304: Minimum Parking Requirements

Bill status: Signed by governor

AIA position: Monitor

Summary: The bill prohibits a local government from enforcing minimum parking requirements for certain real property that is within a metropolitan planning organization. It applies to a land use approval for a multifamily residential development, adaptive re-use for residential purposes, or adaptive re-use mixed-use purposes which include at least fifty percent of use for residential purposes. Subject projects of 6-20 units may not have required parking minimums. Projects greater than 20 units may be required to provide no more than one parking space per unit. Various exceptions exist. Developers may opt to provide more parking, subject to maximums.

Impact: Developers interested in small-site residential projects are excited about the potential for more projects to become viable without existing onerous parking minimums. This will result in more work for certain architects though the bill won’t go into full effect until 2026.

HB24-1313: Housing in Transit-Oriented Communities

Bill status: Signed by governor

AIA position: Monitor

Summary: Local communities, of a minimum size within a metropolitan planning organization, are designated as transit-oriented communities. They must establish transit centers with minimum zoning densities of 15 units per acre. They must also establish and regularly report on a housing opportunity goal. The state will provide resources and funding to assist this effort.

Impact: Greater zoning densities required by the bill may result in more multifamily residential projects in affected areas.

HB24-1314: Modification Tax Credit Preservation Historic Structures

Bill status: Sent to governor

AIA position: Support

Summary: The bill extends and modifies the income tax credit for qualified costs incurred in preservation of historic structure. It increases the amount of the credit that may be awarded for residential rehabilitation expenditures from $50,000 to $100,000.

Impact: This bill made numerous minor tweaks to improve an existing program. Historic preservation architects may find more opportunities as a result but existing incentives are largely the same.

HB24-1352: Appliance Requirements & Incentives

Bill status: Failed
AIA position: Monitor
Summary: The bill prohibits the sale and distribution of certain air conditioners that are manufactured on or after January 1, 2027, unless they comply with certain technical standards to act as heat pumps for both heating and cooling. Financial incentives would be provided by the state for income-restricted households.
Impact: While this bill failed, the state remains committed to increasing adoption of heat pumps over natural gas-based HVAC systems.

HB24-1366: Sustainable Local Government Community Planning

Bill status: Failed

AIA position: Monitor

Summary: The bill requires state agencies to prioritize awarding grants that satisfy a list of criteria described in the bill. One requirement is that when updating a county or municipal master plan, the local government is to include a climate action element in its master plan. CDOT is to coordinate with metropolitan planning organizations to establish criteria that define growth corridors and identify these growth corridors. Having identified these growth corridors, the department and metropolitan planning organizations shall coordinate with local governments to develop transportation demand management plans for these growth corridors.

Impact: This bill could have improved local infrastructure that may have promoted new development, but it was unclear how much architects may benefit directly.

SB24-106: Right to Remedy Construction Defects

Bill status: Failed

AIA position: Support

Summary: The bill creates a right to remedy framework that must be followed prior to a claimant filing a lawsuit against any construction professionals, though the claimant has no obligation to accept the proposed remedy. Also under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in actual damage to real or personal property, actual loss of the use of real or personal property, bodily injury or wrongful death, a risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants. The bill would also increase the number of unit owners from a majority to 60% that must consent in writing to pursue a construction defect claim on behalf of an entire HOA.

Impact: We were hopeful that this bill would have reduced the number of construction defect lawsuits in multifamily residential projects. This would have opened the door to lower insurance rates and therefore more condominium development. While it failed, there remains strong interest at the capitol to find ways to make up our shortfall in the state of affordable entry-level homes such as condos.

SB24-112: Construction Defect Action Procedures

Bill status: Failed

AIA position: Amend

Summary: The bill adds certain disclaimers to the Construction Defect Action Reform Act (CDARA) regarding warranties. Construction professionals would not be vicariously liable for the acts or omissions of a licensed design professional for any construction defects. The bill would also update the process by which unit owners must be informed of and give consent to pursuing a construction defect claim on behalf of an entire HOA.

Impact: This bill was an alternative approach to accomplish what SB24-106 tried to do. We worked closely with the bill’s sponsor to ensure it wouldn’t be unfair towards archtiects, but he opted to pull the bill from consideration.

SB24-154: Accessory Dwelling Units

Bill status: Failed

AIA position: Support

Summary: The bill establishes a subject jurisdiction as the unincorporated portion of a county that is not within a unit owners’ association or an area identified as having a high fire intensity. Within these areas, local governments must allow the conversion of an accessory dwelling unit. The bill also prohibits subject jurisdictions from applying a restrictive design or dimension standard to an accessory dwelling unit.

Impact: We were interested in every ADU-related bill introduced but this version didn’t gain traction. Likely due to the low number of existing rural buildings that could have been converted into ADUs.

SB24-174: Sustainable Affordable Housing Assistance

Bill status: Sent to governor

AIA position: Support

Summary: The bill requires the department of local affairs to develop reasonable methodologies for conducting statewide, regional, and local housing needs assessments and reasonable guidance for a local government to identify areas at elevated risk of displacement. They must, every six years, conduct a statewide housing needs assessment that analyzes existing and future statewide housing needs and publish a report identifying current housing stock and estimating statewide housing needs.

The bill requires local governments to conduct and publish a local housing needs assessment to be used for the state’s regular reports. The bill outlines the process for a local government conducting a local housing needs assessment and for determining when a local government is exempt from conducting a local housing needs assessment. The state will offer funding and technical assistance.

Impact: One of the big challenges in affordable housing discussion was that there was no mutual understanding of which cities/counties were proactively trying to increase their housing stock and which have policies that limit growth. This bill will give the legislature a much better understanding of future housing development opportunities and what sorts of statewide policies would be most effective.

Additional housing bills that do not impact the architecture profession directly:

HB24-1007Prohibit Residential Occupancy LimitsSigned by governor
HB24-1057Prohibit Algorithmic Devices Used for Rent SettingSent to governor
HB24-1078Regulation of Community Association ManagersFailed
HB24-1098Cause Required for Eviction of Residential TenantSigned by governor
HB24-1166Expand Homestead ExemptionsFailed
HB24-1337Real Property Owner Unit Association CollectionsSent to governor
HB24-1383Common Interest Community DeclarationsSigned by governor
HB24-1434Expand Affordable Housing Tax CreditSent to governor
SB24-033 Lodging Property Tax TreatmentFailed
SB24-097 Property Tax Distraint Sale Mobile HomeFailed
SB24-144 Real Property ValuationFailed
SB24-183 Mobile Home Taxation Task ForceSent to governor
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