2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 20 - Actions
Part 8 - Construction Defect Actions for Property Loss and Damage
§ 13-20-802.5. Definitions

As used in this part 8, unless the context otherwise requires:

1. “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 or personal injury caused by a defect in the design or construction of an improvement to real property.
2. “Actual damages” means the fair market value of the real property without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. “Actual damages” as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).
3. “Claimant” means a person other than the attorney general or the district attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.
4. “Construction professional” means an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term “construction professional” shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), “commercial property” means property that is zoned to permit commercial, industrial, or office types of use.
5. “Notice of claim” means a written notice sent by a claimant to the last known address of a construction professional against whom the claimant asserts a construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.

History. Source: L. 2003: Entire section added, p. 1361, § 2, effective April 25.

Law reviews. For article, “Recovering Actual Damages Under Colorado's Construction Defect Action Reform Act--Part I”, see 38 Colo. Law. 41 (May 2009). For article, “Recovering Actual Damages Under Colorado's Construction Defect Action Reform Act--Part II”, see 38 Colo. Law. 25 (June 2009).

Subsection (5) does not require the claimant sending the written notice to be the property owner or the ultimate claimant. Auto-Owners Ins. Co. v. High Country Coatings, Inc., 388 F. Supp. 3d 1328 (D. Colo. 2019 ).