§ 13-20-801. Short Title

This part 8 shall be known and may be cited as the “Construction Defect Action Reform Act”. Source: L. 2001: Entire part added, p. 388, § 1, effective August 8.

§ 13-20-802. Legislative Declaration

The general assembly hereby finds, declares, and determines that changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the general assembly that this part 8 apply to these types of civil actions while preserving adequate rights and remedies […]

§ 13-20-802.5. Definitions

As used in this part 8, unless the context otherwise requires: “Action” means a civil action or an arbitration proceeding for damages, indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property […]

§ 13-20-803. List of Defects Required

In addition to the notice of claim required by section 13-20-803.5, in every action brought against a construction professional, the claimant shall file with the court or arbitrator and serve on the construction professional an initial list of construction defects in accordance with this section. The initial list of construction defects shall contain a description […]

§ 13-20-803.5. Notice of Claim Process

No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professional by certified mail, return receipt requested, or by personal service. […]

§ 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 […]

§ 13-20-805. 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 […]

§ 13-20-806. 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 […]