SENATE
                       3rd Reading Unamended
                   April 10, 2015      SENATE
                Amended 2nd Reading
                       April 9, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0521.01 Bart Miller x2173    SENATE BILL 15-091
                   SENATE SPONSORSHIP
 Scott, 
 
                    HOUSE SPONSORSHIP
 Willett, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a reduction in the statutory limitation period
            applicable to legal actions for construction defects
            on improvements to real property.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill reduces the maximum statutory limitation period for an
       action against an architect, contractor, builder or builder vendor, engineer,
       or inspector performing or furnishing the design, planning, supervision,
       inspection, construction, or observation of construction of any
       improvement to real property from 8 years to 4 years.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 13-80-104, amend
       (1) (a) and (2); and add (1.5) as follows:
            13-80-104.  Limitation of actions against architects,
       contractors, builders or builder vendors, engineers, inspectors, and
       others. (1) (a)   Notwithstanding Except as provided in subsection
       (1.5) of this section, notwithstanding any statutory provision to the
       contrary, all actions against any architect, contractor, builder or builder
       vendor, engineer, or inspector performing or furnishing the design,
       planning, supervision, inspection, construction, or observation of
       construction of any improvement to real property shall be brought within
       the time provided in section 13-80-102 after the claim for relief arises,
       and not thereafter, but in no case shall such an action be brought more
       than       six years after the substantial completion of the improvement to
       the real property, except as provided in subsection (2) of this section.
            (1.5) (a)  Notwithstanding any provision of subsection (1)
       of this section to the contrary, all actions against any
       architect, contractor, builder or builder vendor, engineer, or
       inspector performing or furnishing the design, planning,
       supervision, inspection, construction, or observation of
       construction of any improvement to single-family detached
       residential real property shall be brought within the time
       provided in section 13-80-102 after the claim for relief arises,
       and not thereafter, but in no case shall such an action be
       brought more than five years after the substantial completion
       of the improvement to the real property, except as provided in
       subsection (2) of this section.
            (b)  If a cause of action subject to this subsection (1.5)
       arises during the fourth or fifth year after substantial
       completion of the improvement to single-family detached
       residential real property, the action must be brought within one
       year after the date upon which the cause of action arises.
            (2)  Except as provided in subsection (1.5) of this section, in
       case any such cause of action arises during the fifth or sixth year after
       substantial completion of the improvement to real property, said action
       shall be brought within one year after the date upon which the cause of
       action arises.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 5, 2015, if adjournment sine die is on May 6,
       2015); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2016 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to causes of action against an architect,
       contractor, builder or builder vendor, engineer, or inspector performing
       or furnishing the design, planning, supervision, inspection, construction,
       or observation of construction of any improvement to real property on or
       after the applicable effective date of this act.