2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RESIDENTIAL ROOFING SERVICES (§§ 6-22-101 — 6-22-105) › Article 22 - ROOFING SERVICES - RESIDENTIAL PROPERTY (§§ 6-22-101 — 6-22-105) › Section 6-22-104 - Residential roofing contract - payment from insurance proceeds - right to rescind - return of payments

(1)
(a)
A property owner who enters into a written contract with a roofing contractor to perform roofing work on the property owner's residential property, the payment for which will be made from the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article
4
of title
10
, C.R.S., may rescind the contract within seventy-two hours after the property owner receives written notice from the property and casualty insurer that the claim for payment for roofing work on the residential property is denied in whole or in part. The property owner's right of rescission under this subsection (1) does not apply when the property and casualty insurer denies, in whole or in part, a claim related to a request for supplemental roofing services if the damage requiring the supplemental roofing services could not have been reasonably foreseen as a necessary and related roofing service at the time of the initial roofing inspection or the execution of the initial roofing contract.
(b)
The property owner shall give written notice of rescission of the contract to the roofing contractor at the physical address provided in the contract within seventy-two hours after he or she is notified of the denial. The property owner may give notice of rescission of the contract:
(I)
In an electronic form, which is effective on the date of the electronic transmission;
(II)
By mail, which is effective upon deposit in the United States mail, postage prepaid, sent to the physical address stated in the contract; or
(III)
By personal delivery to the roofing contractor, which is effective upon delivery.
(2)
Within ten days after rescission of a contract in accordance with subsection (1) of this section, the roofing contractor shall return to the property owner any payments or deposits made by or evidence of indebtedness of the property owner in connection with the contract for roofing work on the residential property.
(3)
Nothing in this section precludes a roofing contractor from retaining all or a portion of any payments or deposits made by a property owner to compensate the roofing contractor for roofing work actually performed on the residential property in a workmanlike manner consistent with standard roofing industry practices, but the roofing contractor may retain only an amount required to compensate the roofing contractor for the actual work performed.
(4)
Nothing in this section abrogates the roofing contractor's right to pursue common law remedies for the reasonable value of roofing materials ordered and actually installed on the residential property pursuant to a contract for roofing work before the property owner rescinded the contract, as long as the roofing contractor performed the roofing services consistent with roofing industry standards for workmanlike performance of roofing services.
(5)
Nothing in this section abrogates a property and casualty insurer's duties, responsibilities, or liability under sections
10-3-1115
and
10-3-1116
, C.R.S.
L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1388, § 1, effective June 6.