Monthly Archives: February 2014

February 21, 2014

Colorado Court of Appeals kicks the can as to whether HPA voids limitations-of-liability clauses in residential A/E contracts between construction professionals

By Tim Gordon

Colorado’s Homeowner Protection Act (the “HPA”) protects homeowners by voiding any contractual provision that would result in the waiver of a homeowner’s rights under the Construction Defects Action Reform Act.  C.R.S. § 13-20-806(7)(a).  But some have argued that this same law should also void certain waivers and releases in agreements between construction professionals working on residential projects.  Recently, the Colorado Court of Appeals was faced with, but did not decide, this issue.