Engineers and Architects Oppose Senate Bill 185 Over Liability Concerns

The Colorado Senate Judiciary Committee convened on March 17, 2025, to discuss Senate Bill 185, which aims to amend liability laws affecting construction professionals in residential projects. The bill has sparked significant opposition from various engineering and architectural firms, who argue that it could lead to increased costs and reduced housing availability in the state.

Several professional engineers, including representatives from Olsen and Cal and Day Engineers, voiced their concerns about the bill's potential to heighten liability for construction professionals. They emphasized that increased liability would likely result in higher insurance premiums, which would ultimately be passed on to homeowners, exacerbating the already pressing issue of housing affordability. The engineers warned that the fear of litigation could stifle innovation in construction practices, as professionals may be less inclined to adopt new technologies or methods.

Robbie Gammon, a structural engineer, highlighted that the bill could allow homebuyers to sue engineers directly, bypassing existing contractual agreements that allocate risk and define responsibilities. This change could create uncertainty in the residential construction market, leading many firms to withdraw from residential projects altogether, which would further limit the supply of housing.

Michael Pazas, another engineer, pointed out that the bill would primarily benefit larger corporations and attorneys while disadvantaging smaller firms and individuals who lack the resources to navigate complex regulations. He expressed concern that the bill would ultimately make housing less affordable for families in Colorado.

In contrast, David McLean, a defense attorney representing home builders, supported the bill, arguing that it would restore clarity and fairness to Colorado's construction defect laws. He asserted that the bill aligns with long-standing legal precedents and would ensure that construction professionals are held accountable for their work, thereby protecting homebuyers.

The committee members engaged in a robust discussion, questioning the implications of the bill on housing costs and the construction industry. Some senators expressed skepticism about whether the bill would truly restore the status quo or if it would lead to unintended consequences, such as increased litigation and higher costs for consumers.

As the committee deliberates on Senate Bill 185, the outcome remains uncertain, with significant implications for the construction industry and housing market in Colorado. Stakeholders are urged to consider the balance between protecting homeowners and maintaining a viable environment for construction professionals to operate effectively.