2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 20 - Actions
Part 8 - Construction Defect Actions for Property Loss and Damage
§ 13-20-805. Tolling of Statutes of Limitation
If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process described in section 13-20-803.5 .
History. Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25.
ANNOTATION
Effectuating the legislative intent of the Construction Defect Action Reform Act (CDARA) does not require reading this section as tolling claims against parties who lack notice. Without notice, participants in the project would not take the steps set forth in § 13-20-803.5 . Shaw Constr., LLC v. United Builder Servs., 2012 COA 24 , 296 P.3d 145.
This section does not require a plaintiff to complete the notice-of-claim process described in § 13-20-803.5 before filing a claim. CDARA contemplates the situation in which a plaintiff may file a claim in court before sending a notice of claim to a prospective defendant; in that situation the action is stayed pending compliance with § 13-20-803.5 . Curry v. Zag Built LLC, 2018 COA 66 , 433 P.3d 125.
