Denver November 2004 Election
Here's an opinion piece about Amendment 34 from the Denver Post [September 15, 2004, "Should we rescind builders' cap on damages?"]. Amendment 34 deals with buyers and builders of homes. From the article, "The proposal would amend the state constitution to prohibit the legislature from placing any limits on the amount of money a property owner can recover in a lawsuit over construction problems. (There could be limits on punitive damages.) Amendment 34 is a response to the 2003 passage of House Bill 1161, which placed detailed limits on construction lawsuits after a court ruling made it more feasible to file lawsuits to hold builders accountable for construction defects. That 2003 law allows property owners to recover the value of the property, the cost of replacement or the cost of repair, whichever is less. Damages also can include the cost of temporary housing and other expenses, including some legal costs. But the law puts a ceiling of $250,000 on extra damages that can be collected. (Before HB 1161 was passed, plaintiffs could recover triple their actual damages in cases where consumer laws were violated.) There's also a $250,000 limit on damages for pain and suffering. The law also requires property owners to give builders a chance to fix problems. If no agreement is reached in 75 days, a residential property owner can then sue. There's a 90-day period for commercial property. HB 1161 was passed after a pitched battle between homebuilders and trial lawyers. The acrimony has been renewed over Amendment 34."
Here's a list of the statewide ballot issues from the Cortez Journal.
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