2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 20 - Actions
Part 8 - Construction Defect Actions for Property Loss and Damage
§ 13-20-804. Restriction on Construction Defect Negligence Claims

1. 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 of the following:
   1. Actual damage to real or personal property;
   2. Actual loss of the use of real or personal property;
   3. Bodily injury or wrongful death; or
   4. A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential real property.

2. Nothing in this section shall be construed to prohibit, limit, or impair the following:
   1. The assertion of tort claims other than claims for negligence;
   2. The assertion of contract or warranty claims; or
   3. The assertion of claims that arise from the violation of any statute or ordinance other than claims for violation of a building code.

History. Source: L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: IP(1), (1)(a), and (1)(b) amended, p. 1362, § 4, effective April 25.

Law reviews. For article, “The Construction Defect Action Reform Act”, see 30 Colo. Law. 121 (Oct. 2001).

Plaintiff is not required to plead or prove that plaintiff complied with the notice process or that claim arose from a “construction defect”. Act requires only that the plaintiff prove the elements of his or her common law negligence claim. Land-Wells v. Rain Way Sprinkler & Lands., 187 P.3d 1152 (Colo. App. 2008).

An “improvement” may be a discrete component of an entire project, such as the last of multiple residential buildings. Shaw Constr., LLC v. United Builder Servs., 2012 COA 24 , 296 P.3d 145.