§ 13-20-804. Restriction on Construction Defect Negligence Claims
No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more […]
§ 13-20-1206. Attorney Fees
[ Editor’s note: This section is effective January 1, 2022. ] Section 13-17-201, which requires an award of attorney fees to defendants in certain actions dismissed prior to trial, does not apply to an action brought pursuant to this part 12. Source: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January […]
§ 13-20-805. Tolling of Statutes of Limitation
If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process […]
§ 13-20-1207. Applicability of Part to Public Entities and Public Employees – Damages – No Duty to Indemnify
[ Editor’s note: This section is effective January 1, 2022.] Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pursuant to this part 12 against a […]
§ 13-20-806. Limitation of Damages
A construction professional otherwise liable shall not be liable for more than actual damages, unless and only if the claimant otherwise prevails on the claim that a violation of the “Colorado Consumer Protection Act”, article 1 of title 6, C.R.S., has occurred; and if: The construction professional’s monetary offer, made pursuant to section 13-20-803.5 (3), […]
§ 13-20-807. Express Warranty – Not Affected
The provisions of this part 8 are not intended to abrogate or limit the provisions of any express warranty or the obligations of the provider of such warranty. The provisions of this part 8 shall apply to those circumstances where an action is filed asserting one or more claims for relief including a claim for […]
§ 13-20-808. Insurance Policies Issued to Construction Professionals
The general assembly finds and determines that: The interpretation of insurance policies issued to construction professionals is of vital importance to the economic and social welfare of the citizens of Colorado and in furthering the purposes of this part 8. Insurance policies issued to construction professionals have become increasingly complex, often containing multiple, lengthy endorsements […]
§ 13-20-901. Class Actions – Appellate Review
A court of appeals may, in its discretion, permit an interlocutory appeal of a district court’s order that grants or denies class action certification under court rule so long as application is made to the court of appeals within fourteen days after entry of the district court’s order. An appeal that is allowed under subsection […]
§ 13-20-1001. Short Title
This part 10 shall be known and may be cited as the “Colorado Citizens’ Access to Colorado Courts Act”. Source: L. 2004: Entire part added, p. 401, § 1, effective August 4.
§ 13-20-1002. Legislative Declaration
The general assembly finds and declares: The courts of this state are overworked and subject to overloaded dockets; Section 6 of article II of the Colorado constitution guarantees citizens of this state access to the courts of this state; and Cases filed by nonresidents of Colorado and having no meaningful relationship to this state are […]