In Colorado Springs, gutters rarely get replaced because they wore out. They get replaced because a storm flattened them, usually along with the roof and often with an insurance check involved. That puts a gutter job inside a law most homeowners have never read: Colorado's 2012 roofing law, Senate Bill 12-038, codified at CRS 6-22-101 through 6-22-105. This article lays out the local hail record with dates, what the statute requires of roofing contractors, and the one thing it does not do, which is mention gutters.
This is general information, not legal advice. Statute text is from the Colorado General Assembly's 2024 printout; later amendments may apply. Colorado Springs Gutter Installation does not help with insurance claims. Ask your insurer what your policy covers, and a Colorado attorney about your contract.
The hail record, with dates
The Rocky Mountain Insurance Information Association (RMIIA) describes the Front Range season as "mid-April to mid-August," with "about three or four catastrophic hailstorms" in a typical year. Colorado Springs has had more than its share.
- July 28, 2016. Tennis-ball hail over the east and south sides, including the area northeast of Powers and Stetson Hills boulevards, Broadmoor Hills, Security and Banning Lewis Ranch. RMIIA counted $352.8 million in insured losses from 84,500 claims. El Paso County issued just over 34,000 re-roof permits in 2016, more than triple 2015.
- June 13, 2018. A pre-dawn storm dropped 3-inch hail on Fountain, Security-Widefield and southern Colorado Springs: about $169 million and 26,000 claims.
- August 6, 2018. Three- to four-inch hail at the Cheyenne Mountain Zoo and southwest Colorado Springs; RMIIA estimated $172.8 million in insured damage, including 6,000 property claims.
- June 2023. El Paso County recorded its wettest June on record, Colorado logged 310 preliminary reports of 1-inch-plus hail that month, and PPRBD issued more than 17,000 re-roof permits in 2023, a 179 percent increase over 2022. No insured-loss total for the Colorado Springs storms was published.
Tens of thousands of roofs went on under hail claims in each of those years, and the gutters on most of them came down and went back up at the same time.
What SB12-038 is and who it binds
CRS 6-22-101 states the purpose: to protect consumers by "requiring roofing contractors offering to perform roofing work on residential property in this state to sign a written contract," requiring them "to permit property owners to rescind a contract" and obtain a refund in certain cases, and "prohibiting roofing contractors from paying, waiving, rebating, or promising to pay, waive, or rebate all or part of any insurance deductible."
The definitions in 6-22-102 set its reach. "Residential property" is a detached one- or two-family dwelling, or single-family dwellings up to three stories; it excludes new construction and attached dwellings whose roofs an HOA maintains. A "roofing contractor" is anyone who "performs or offers to perform roofing work in this state on residential property for compensation." "Roofing work" means "the construction, reconstruction, alteration, maintenance, or repair of a roof on a residential property and the use of materials and items in the construction, reconstruction, alteration, maintenance, and repair of roofing and waterproofing of roofs," and it excludes contracts of $1,000 or less.
The written contract: CRS 6-22-103
"Prior to engaging in any roofing work, a roofing contractor shall provide a written contract to the property owner, signed by both," stating at least: the scope of services and materials; approximate dates; approximate costs; the contractor's physical address, email and phone; the identity of its surety and liability insurer; its cancellation and refund policy, "including a rescission clause allowing the property owner to rescind the contract and obtain a full refund of any deposit within seventy-two hours after entering the contract"; a statement of the owner's right to rescind under 6-22-104; and, where insurance proceeds will pay, a statement that the contractor "cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any insurance deductible." The contract must also say, in bold type, that the contractor will hold any payment in trust until materials are delivered or a majority of the work is done.
The 72-hour rule after a denial: CRS 6-22-104
A homeowner whose roofing contract will be paid "from the proceeds of a property and casualty insurance policy" 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." "Within ten days after rescission" the contractor must return "any payments or deposits," keeping only "an amount required to compensate the roofing contractor for the actual work performed." This is a second 72-hour window, separate from the one that runs from signing. The section also preserves an insurer's duties under CRS 10-3-1115 and 10-3-1116, which bar unreasonably delaying or denying a first-party claim.
Deductibles and "adjusting": CRS 6-22-105
A roofing contractor doing insurance-funded roofing work "shall not advertise or promise to pay, waive, or rebate all or part of any insurance deductible." If it does, "the insurer... is not obligated to consider the estimate of costs for the roofing work prepared by the roofing contractor," and either the homeowner or the insurer "may bring an action against the roofing contractor... to recover damages." The same section says a roofing contractor "shall not claim to be or act as a public insurance adjuster." The "free gutters with your roof" pitch that circulates after a big storm is usually a deductible waiver in disguise, and the statute names the practice directly.
Where gutters fit, and where they do not
Gutters, downspouts, fascia and soffit are not named anywhere in Article 22. The definition of roofing work reaches "a roof" and "roofing and waterproofing of roofs," and no Colorado court decision or Division of Insurance guidance applying it to gutters was found. Two practical readings follow. When a roofing contractor writes one insurance-funded contract covering the roof and the gutters, the whole contract must carry the 6-22-103 terms and the rescission and deductible rules apply to that contractor, so the gutter line item is protected in practice. A gutter-only contract from a gutter-only company appears to sit outside the article's text, so the protections depend on who you sign with. Separately, the home-solicitation law at CRS 5-3-401 to -403 gives buyers until midnight of the third business day to cancel certain door-to-door sales, though its scope depends on the type of sale.
The building rules still apply: a re-roof over 100 square feet needs a PPRBD permit and a D-1 roofing contractor, and homes above 7,000 feet need an ice barrier. See our permit and licensing guide.
What to do with a dented gutter
Ask your insurer what your policy covers; the answer varies by policy, and this site cannot predict it. Get a written, itemized quote that separates gutters, downspouts, drip edge and fascia from the roof, and ask for the manufacturer's and installer's warranties in writing. If the gutters are part of an insurance-funded roofing contract, check it against the 6-22-103 list above. And walk away from anyone who offers to absorb your deductible. See gutter replacement for what a hail replacement involves and gutter repair for when a dented run can be re-hung instead.
How this site fits in
Colorado Springs Gutter Installation connects Colorado Springs-area homeowners with independent local gutter installation, guard and repair companies for free, no-obligation quotes. We do not install or repair anything and we do not handle insurance claims or speak to insurers on anyone's behalf. Request free quotes now; we usually reply the same day.
Frequently asked questions
Is gutter replacement covered by insurance after a Colorado Springs hailstorm?
That depends on your policy, so ask your insurer what it covers before you sign anything. This site does not handle, review or advise on claims. What Colorado law does say is that a roofing contractor paid from insurance proceeds must give you a written contract with the terms in CRS 6-22-103, and you may cancel within 72 hours of a written claim denial under 6-22-104. This is general information, not legal advice.
Are gutters replaced when a roof is replaced?
Not automatically. Gutters are a separate line item, and some roofers detach and reset the existing ones rather than replacing them. If a roofing contractor writes one insurance-funded contract covering both the roof and the gutters, the whole contract must carry the written-contract, 72-hour rescission and no-deductible-waiver terms of CRS 6-22-103 to -105. Ask for gutters, downspouts and drip edge to be itemized.
Can a contractor waive or pay my insurance deductible for hail damage in Colorado?
Under CRS 6-22-105, a roofing contractor doing insurance-funded roofing work "shall not advertise or promise to pay, waive, or rebate all or part of any insurance deductible." If one does, the insurer need not consider that contractor's estimate, and the homeowner or insurer may sue for damages. The statute is written around roofing work and does not name gutters, but an offer like this is a reason to walk away. Not legal advice.