A bill to keep developers, builders and contractors out of court over construction defects died in a state House committee Wednesday.

House Bill 1169 would have allowed builders to fix or settle the issues before the homeowner or homeowners association could sue.

Most supporters refer to such a proposal, adopted by several states, as “right to repair,” but opponents call it “caulk and walk.”

The bill is one of four introduced this session to chip away at lawsuits over construction defects. Supporters of limits on lawsuits say litigation drives up the cost of insurance for builders.

As a result, no one is building affordable housing for ownership, such as condominiums, because the cost of insurance nearly eliminates their profit margins, they argue.

“As more folks come into our state many are looking forward to moving into our vibrant and energetic dowentowns,” said state Rep. Tim Leonard, R-Evergreen. “Now our downtowns have priced beyond their reach.”

Leonard compared it to a car insurance settlement, adding that the proposal wouldn’t stop people from suing if they can’t reach a settlement for repairs.

Opponents see the effort to impede construction lawsuits as a ruse to impede condo owners’ right to sue, without any guarantees that it would result in more affordable housing in Colorado.

Rep. Mike Foote, D-Lafayette, said he has not seen data to support the claim there is an excessive number of construction-defects lawsuits in Colorado.

Seventeen cities, including Denver and Colorado Springs, and all of Douglas County have passed limits on construction defects litigation. But insurance companies say that’s not enough to lower rates for an insurance pool that includes the entire state.