Colorado Concern 

March 3, 2014

The Week in Review

Last Thursday, Colorado Concern was engaged in a successful effort to defeat proposed legislation -

HB14-1165 - Private Construction Contract Retainage & Payments (FISCHER-TOCHTROP),which would have mandated a five percent cap on the payment amount a contractor can withhold as an incentive to ensure work performed by subcontractors is accurate and complete.


This perennial issue, which mandates how the private sector conducts its business, is a one-size-fits-all solution and interferes with the very basic tenet of freedom to contract.   Additionally, setting a cap at a figure as low as five percent does not provide the incentive necessary to ensure any incomplete or substandard work product is completed or issues addressed.


It also is worthwhile to note that the construction industry has numerous payment protections currently in place.  Tools such as liens, notice to lenders, legal remedies and contract protections are currently available and utilized in this line of work.  Further, in most circumstances, owners, developers and general contractors are dependent on bank financing for large-scale projects.  Because regulators require the banking industry to have adequate risk mitigation, it is a standard practice for a financial institution to retain a minimum of 10 percent until all work is complete.  Had HB11-1165 become law bank financing could have been impacted, limiting the ability of the development community to take a project from the concept envisioned on blueprints to reality.


A special thank you to attorney Dennis Polk, of Holley Albertson and Polk, whose expertise in this  area was of great help as we worked with legislators to outline the unintended consequences of the proposed measure. 


Should you have questions about this piece of legislation, or any other bill of interest, please do not hesitate to contact me at






P.S.  If you have not yet signed up to join us for our annual luncheon with Governor John Hickenlooper on March 11th, please do so here by Tuesday.

Colorado Concern Legislative Tracking


Click here to find out what legislation Colorado Concern is tracking. The report includes links to bill text, sponsors, Colorado Concern's positions, bill status, and additional notes.


Click here to download the Colorado Concern At a Glance Status Sheet for quick tracking of Colorado Concern's bills of interest.
Members in the News


Ted Brown  

Denver Post: February 24

Features Ted Brown


CPR: February 26

Features Ted Brown


Nancy McCallin  

Colorado community colleges can grant 4-year career degrees under new law

Denver Business Journal: February 28

Features Nancy McCallin


Don Childears  

Denver Post: February 28

Features Don Childears

Colorado Concern Upcoming Events


Below is information on upcoming Colorado Concern events. 

Click here for more information or to register to attend events.
March 11:  Colorado Concern Annual Membership Luncheon with Governor John Hickenlooper
11:30 a.m. to 1:00 p.m., Carriage House at the Governor's Mansion, 400 East 8th Avenue
April 3: Colorado Concern Luncheon with Colorado State Treasurer Walker Stapleton
11:30 a.m. to 1:00 p.m., Brownstein Hyatt Farber Schreck, 410 17th Street, 20th Floor
April 7: Preparing for the Future Health Care Reform and Healthcare Exchange
11:30 a.m. to 1:00 p.m., Colorado Concern, 140 East 19th Avenue, Suite 400

Colorado Concern News Clips



Economy/Economic Development

Denver Post: February 24


Colorado to be one of 7 hubs of national digital manufacturing institute

Denver Business Journal: February 25


Denver Business Journal: February 26


Denver Business Journal: February 27


Economy Grew Less Than Thought As 2013 Came To A Close

CPR: February 28



Clarke: Why Common Core testing concerns parents and lawmakers

The Coloradoan: February 25


Federal manufacturing hubs may send research to Colorado universities

Denver Post: February 26


Colorado lawmakers reject teacher incentive bill

Colorado Public Radio News: February 26


Everyone wants more preschool. No one agrees on how to pay for it.

Denver Post: February 28



Denver Post: February 25


To caucus or not to caucus

Colorado Springs Independent: February 25


Republicans and Democrats push for Denver to host 2016 Republican National Convention

Colorado Public Radio News: February 26


Gardner's change of heart shakes up Colo. Senate race

The Hill: February 27


Denver Post: February 27


Caucuses signal start of 2014 election cycle

The Colorado Statesman: February 28


First and only director of Colorado ethics commission steps down

Denver Post: March 2



Colorado ballot initiative aims to give local governments say on fracking

The Colorado Independent: February 24


Loveland anti-fracking group still waiting for special election to halt drilling

The Colorado Independent: February 24


Colorado measure allowing local control of fracking, oil and gas, goes to Legislature

Denver Business Journal: February 25


Another anti-fracking measure could be headed to November ballot

The Daily Camera: February 25


Colorado Governor Hickenlooper Touts New Air Pollution Rules For Oil And Gas Industry

Huffington Post: February 25    


Proposed Anti-Fracking Ballot Measure Causes Ripples, Raises Legal Questions

KUNC: February 25


Decision on validity of Broomfield election now in hands of judge

The Republic: February 25


Denver Business Journal: February 26


Encana flags anti-fracking push in Colorado as a risk to business

Calgary Herald: February 27


Judge upholds fracking result in Broomfield election February 28


Oil producers undaunted as Colorado mulls fracking restrictions

Chicago Tribune: March 2


General Business

Denver Post: February 24


Health Care

Colo. Rep. Amy Stephens' 2011 health exchange bill up for repeal vote

Denver Post: February 25


The strange, winding debate around a bill to repeal Connect for Health Colorado

Denver Business Journal: February 26


First Choice ER battle boils over at Colorado Capitol

Denver Business Journal: February 28


Colorado health exchange is headed toward tougher audit

Denver Business Journal: February 28



The regrettable pay up, or else, law

Pueblo Chieftain: February 24


Denver Post: February 27


'ReHire Colorado' Program Assists Vets, Others Find Jobs

CBS Local: March 1



Stoned Colorado driving: 60 cited in January

Colorado Springs Gazette: February 25


Colorado Governor Tells Other States Considering Marijuana Legalization: 'Don't Promote Pot'

MainStreet: February 25



Denver Post: February 24


Denver Post: February 25


Why the controversial US 36 contract could be the wave of the future

Denver Post: February 25


GUEST COMMENTARY: U.S. 36 public-private partnership is good for Colorado

Denver Post: February 26


Denver Post: February 27


CDOT starts work on I-25 project

Denver Post: February 27


Amtrak returns to Denver Union Station on Friday

Denver Post: February 28


Waiting at the station

Pueblo Chieftain: March 2



'Amazon Tax' Internet retailer proposal won't tax, it turns out

Denver Business Journal: February 27


Investors may get tax credits for backing advanced industries

Denver Business Journal: February 28



Making every drop of water count

The Durango Herald: March 2

In This Issue
The Week in Review

Legislative Tracking

Upcoming Events

News Clips

Join the Colorado Concern Board of Directors for Colorado Concern's Annual Membership Luncheon with Governor John Hickenlooper March 11.
 Click here for details and to register.
Colorado Concern Board of Directors


Pat Hamill


Tamra Ward

(President and CEO)

Steve Farber

A. Barry Hirschfeld 

John Ikard

Walter Isenberg

David McReynolds

Larry A. Mizel 

Blair Richardson

Dan Ritchie 

Rick Sapkin
Sylvia Young