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March 18-March 31, 2015 — COLORADO REAL ESTATE JOURNAL — Page 37
303-446-2266
T he Chinese lunar
calendar may
declare this the
Year of the Sheep, but for
The American Institute
of Architects, 2015 is des-
ignated “the Year of the
Advocate.” As local AIA
Colorado leaders return
from AIA National’s annual
Grassroots Conference in
Washington, D.C., where
they advocated on behalf
of federal issues, the AIA
Colorado Chapter is sup-
porting two Colorado
bills: House Bill 15-1197,
“Indemnity in Public
Construction Contracts,”
and Senate Bill 15-177,
“HOA Construction
Defect Lawsuit Approval
Timelines.”
The first bill AIA Colorado
is supporting is HB 15-1197.
Currently, some Colorado
municipalities and public
entities include a “duty to
defend” provision in their
contracts. These clauses
are often non-negotiable
and require architects and
other design professionals
to defend the public entity,
regardless of whether the
design professional’s scope
of work is called into ques-
tion. These clauses are unin-
surable under professional
liability insurance, meaning
that small businesses are
left to choose between forgo-
ing new work and growing
their business or exposing
their business to significant
risk. HB 15-1197 provides
for a more equitable solu-
tion, in line with state of
Colorado and other private
contracts, limiting the
amount of liability exposure
to only the architects’ and
other design professionals’
own errors, and enabling
design professionals to
obtain sufficient insurance
for the public work they
are undertaking. This bill
will ensure that small busi-
nesses can compete for these
contracts and that, in the
event of a lawsuit, taxpayers
will be pro-
tected. AIA
Colorado
is working
with the
American
Council of
Engineering
Companies
of Colorado
in support
of this bill.
The sec-
ond bill AIA
Colorado is supporting is SB
15-177. Over the past sever-
al years, for-sale condomin-
ium construction has seen
nearly a 20 percent decrease.
As a result, first-time home-
buyers and those looking to
downsize from their single-
family homes are left with
few options. This bill will
help encourage construction
and ensure construction
defects claims are addressed
quickly and fairly for all
homeowners. SB 15-177
would require that parties
engage in alternative dispute
resolution before filing a
lawsuit, and in order to file a
lawsuit, the majority of asso-
ciation homeowners would
have to vote to approve the
suit moving forward. The
vote would be based on a
mandatory full disclosure
to homeowners, including
detailed information such as
the scope of the litigation,
the cost to the association
and its members, and the
impact on the values of the
units included, as well as
excluded, from the litigation.
AIA Colorado is working
in partnership with mem-
bers of the Homeownership
Opportunity Alliance to sup-
port this bill.
Advocacy is truly a
member-driven effort. AIA
Colorado’s Government
Affairs Committee is an
integral component of the
organization’s advocacy
efforts. Its importance is
underscored in our bylaws,
which designate it as a
standing committee whose
purpose “is to provide advo-
cacy for the profession of
architecture in the state
Legislature, the state execu-
tive offices, state board and
commissions.” During each
legislative session, member
volunteers take part in the
GAC’s legislative subcom-
mittee by reviewing each bill
introduced and focusing on
those that affect the design
and construction industry,
with a keen eye to those that
directly impact architectural
practice in Colorado. If AIA
Colorado takes a formal
position to support or oppose
a specific piece of legisla-
tion, it mobilizes members
to reach out to legislators
to explain the bill’s benefits
or detriments to taxpayers,
municipalities and busi-
ness owners, respectively.
It is this type of grass-roots
advocacy that allows AIA
Colorado to be a powerful
voice for Colorado archi-
tects, their clients and their
communities.
Angela M.T.
Van Do, AIA
2015 president, AIA
Colorado