RQ Law Blog

We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm).  In the event a construction defect is alleged after a project is complete, there is no reason to just hand claimants the ability to sue years after the expiration of Colorado’s two-year statute of limitations for construction defects. Those involved in construction defect litigation in...

Senate Bill 20-138 has been introduced to increase Colorado’s statute of repose for construction defects from six to ten years. If enacted as proposed, SB20-138 would also start the timer for Colorado’s statute of repose later—only after both physical manifestation AND the cause of a defect are identified.  In addition, SB20-138 would make it easier for claimants to toll Colorado’s statute of limitations for construction defects.  In practice, this means...