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Bill Could Set Up Specialty Court For Construction Defect Lawsuits

DENVER (CBS4)- State lawmakers are debating bills on how to find affordable housing in the final days of the legislative session. There are five measures before lawmakers, one could set up a specialty court for construction defect lawsuits.

Rent has increased 21 percent in Colorado over the last decade with affordable housing wait lists so long it could take years to get a place after qualifying.

"What's needed in this area is really a multifaceted approach to this," said Senate Majority Leader Mark Scheffel, a Republican representing Douglas County. "This is a powder keg environment with this."

For years Scheffel tried to negotiate an agreement on what many say is the biggest obstacle to affordable housing-- construction defect lawsuits.

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With just days to go in the session and no agreement in site, Scheffel and Democratic colleague Sen. Jesse Ulibarri, who represents Adams County, introduced a bill aimed at breaking the log jam.

"A legislative study group is a great way for us to put all of the research on the table, have a conversation in the light of day and not with different interest groups coming in and out of the conversation," said Ulibarri.

The bill forms a study group headed by the state's chief justice to come up with recommendations including a specialty court for resolving construction defect lawsuits.

"So what we're doing is asking the Judicial Department to take a look at this and say, 'Can we construct and foster an environment where these claims, these claims will move through in a quicker, more sophisticated fashion,?'" asked Scheffel.

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The bill is being fast tracked through the state Senate. But Speaker of the House Dickey Lee Hullinghorst said it may be too fast.

"Hurry up and do something that we don't want to do I think is worse than doing nothing at all," said Hullinghorst, a Democrat. "This is an issue where we don't want to rush into something that may disadvantage those people who otherwise wouldn't have a voice in the process."

"I think they can do a good job, I think this is part of the answer," said Scheffel.

The other affordable housing bills in the state legislature include one that would create a tax-free saving account for first-time home buyers, one that would extend a tax credit for builders of affordable housing and one that would move money from the unclaimed property fund to help with the affordable housing program.

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