Governor's housing dispute veto floors local HBA

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Springfield HBA's Matt Morrow thought passage was sure thing after bipartisan support|ret||ret||tab|

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by Eric Olson|ret||ret||tab|

SBJ Reporter|ret||ret||tab|

eolson@sbj.net|ret||ret||tab|

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Missouri Gov. Bob Holden sided with homeowners in a July 6 veto of Senate Bill 1081, which would have altered the way suits were filed against home builders.|ret||ret||tab|

The bill aimed to help builders and homeowners resolve construction conflicts outside the courtroom.|ret||ret||tab|

In Holden's veto letter, he said the bill would "tip the scales of justice against homeowners" and place "undue burden on homeowners," while citing a growing first-time home buyer market.|ret||ret||tab|

Under the legislation, homeowners would be required to notify builders of defects and allow for a response in up to 90 days. Only if the builder refused to negotiate or resolve the problem within the allotted time could a homeowner take the builder to court.|ret||ret||tab|

"The bill places unreasonable obstacles that will prevent or delay homeowners from exercising their legal rights as a result of a home builder's mistake or malfeasance," Holden said in his veto letter. "While it is a laudable goal to resolve disputes without litigation, this bill puts consumers at a distinct and unjustified disadvantage. Many homeowners do not have the know-how or legal tools to address construction defects."|ret||ret||tab|

Holden's veto blindsided Matt Morrow, executive officer of the Home Builders Association of Greater Springfield. Morrow has called the bill "common sense legislation."|ret||ret||tab|

"Gov. Holden had a great opportunity here to sign legislation that would be good for homeowners and good for small businesses," Morrow said. "He chose instead to demonstrate that he is no friend of either."|ret||ret||tab|

Morrow sees a hidden motive.|ret||ret||tab|

"The only people that benefit from this veto are trial lawyers who look to continue to bill the hours for these disputes," Morrow said. "That's it."|ret||ret||tab|

Morrow, who has followed the bill closely, said trial attorneys were neutral during legislative session, "but then they fought real hard in the governor's office."|ret||ret||tab|

Holden's veto could get an override in the September veto session. But an election year may complicate the matter: The September veto session is between August's primary election, which finds incumbent Holden facing Missouri Auditor Claire McCaskill, and November's general election.|ret||ret||tab|

Should Holden take the Aug. 3 primary, legislators would be dealing with a governor who could be in office another four years. If he loses the primary, Holden would be a lame duck in that veto session.|ret||ret||tab|

"There are a lot of interesting nuances in the middle of this thing," Morrow said. "It will be interesting to watch."|ret||ret||tab|

Morrow is hopeful the legislators who supported the bill the first time around stick with it.|ret||ret||tab|

Missouri's House of Representatives approved the bill 119-16, while Senate members passed it with a 29-3 vote.|ret||ret||tab|

"What I'm hopeful for is that the legislators who (gave) a broad bipartisan, overwhelming show of support for this bill will stand by their convictions and override the veto," Morrow said.|ret||ret||tab|

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