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Second Regular Session
Sixty-first General Assembly
LLS NO. 980380.01 DFH
HOUSE BILL 981125
STATE OF COLORADO
BY REPRESENTATIVE June
A BILL FOR AN ACT
CONCERNING THE STATUTE OF LIMITATIONS FOR ACTIONS
INVOLVING CONSTRUCTION OF IMPROVEMENTS TO REAL PROPERTY.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
States that if a claim for relief in an action for
damages against any architect, contractor, builder or builder
vendor, engineer, or inspector arises prior to the substantial
completion of an improvement to real property, the 2year
statute of limitations is tolled until substantial completion
of the improvement to the real property.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1380104 (1), Colorado Revised Statutes, is amended, and the said 1380104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1380104. Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others. (1) (a) 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 1380102 after the claim for relief arises, and not thereafter, EXCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, 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.
(b) A claim for relief arises under this
section at the time the claimant or the claimant's predecessor
in interest discovers or in the exercise of reasonable diligence
should have discovered the physical manifestations of a defect
in the improvement
THAT ultimately causes the injury.
(c) Such actions shall include any and all actions in tort, contract, indemnity, or contribution, or other actions for the recovery of damages for:
(I) Any deficiency in the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property; or
(II) Injury to real or personal property caused by any such deficiency; or
(III) Injury to or wrongful death of a person caused by any such deficiency.
(1.5) IF A CLAIM FOR RELIEF ARISES PRIOR TO SUBSTANTIAL COMPLETION OF AN IMPROVEMENT TO REAL PROPERTY, THE TIME FOR BRINGING THE ACTION SHALL BE TOLLED UNTIL SUBSTANTIAL COMPLETION OF THE IMPROVEMENT TO REAL PROPERTY.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.