Understanding the Statute of Repose in Colorado Construction Defect Cases
If you own property in Colorado, understanding the statute of repose is critical when navigating potential construction defect claims. Whether you are a homeowner, developer, contractor, or design professional, knowing the time limits imposed by Colorado law can mean the difference between a successful claim and one barred forever. In this article, we provide an in-depth guide to the statute of repose under Colorado law, how it differs from the statute of limitations, and key strategies to protect your rights.
What Is a Statute of Repose?
A statute of repose sets an absolute deadline for filing certain types of legal claims. Unlike a statute of limitations, which typically depends on when a problem is discovered, a statute of repose starts running from a fixed event and is not extended by discovery of the problem later. In construction cases, that fixed event is usually the substantial completion of the construction project.
In Colorado, the primary statute of repose for construction defect claims is found in the Colorado Construction Defect Action Reform Act (CDARA), codified at C.R.S. §13-80-104.
Colorado's Construction Defect Statute of Repose
Under C.R.S. §13-80-104(1)(a), construction defect claims must be brought within six years after substantial completion of the improvement to real property. However, if a defect is discovered in the fifth or sixth year after substantial completion, the statute of repose allows an additional two years to file a claim. This means a maximum of eight years from substantial completion.
"[N]o action shall be brought more than six years after the substantial completion of the improvement to the real property... except that, if the cause of action arises during the fifth or sixth year after substantial completion, the action may be brought within two years after the date upon which the cause of action arises." — C.R.S. §13-80-104(1)(a)
Substantial completion typically means the date when the property is fit for occupancy or use for its intended purpose, even if minor work remains (C.R.S. §13-80-102(4)).
Statute of Limitations vs. Statute of Repose
It's important to distinguish between the statute of limitations and the statute of repose:
The statute of limitations under C.R.S. §13-80-102(1)(b) requires that a claim be filed within two years after the claimant discovers, or reasonably should have discovered, the physical manifestation of a construction defect.
The statute of repose bars claims entirely after six to eight years, regardless of whether a defect was known or discoverable.
Thus, even if you did not know about a latent defect, the statute of repose can still bar your claim if the deadline passes.
Practical Examples
A homeowner notices water intrusion and mold seven years after moving into a newly built home. Because the substantial completion date was more than six years ago, they may have up to eight years under the extended period if discovery occurred in the sixth year. However, if they discovered the problem after the eighth year, the claim is barred.
A structural defect causing sagging floors is discovered 10 years after construction. Even if the defect was hidden and only recently discovered, the statute of repose bars any lawsuit after eight years.
Why the Statute of Repose Matters
For property owners, missing the statute of repose deadline can be devastating. Courts have no discretion to extend it based on fairness, hardship, or lack of knowledge. Builders and contractors rely heavily on the repose period to limit indefinite liability.
For construction professionals, properly documenting substantial completion dates is crucial. Clear records help ensure the statute of repose runs from a known, defensible date.
Strategies to Protect Your Rights
If you are a property owner:
Track the substantial completion date of your project.
Inspect your property regularly for signs of defects.
Act promptly if you notice problems — don't delay.
Consult an experienced construction defect attorney early if defects are suspected.
If you are a contractor or builder:
Maintain detailed records of completion dates and substantial completion documents.
Communicate clearly with owners at project turnover.
Use written warranties that coordinate with repose deadlines when appropriate.
Conclusion
Understanding the statute of repose in Colorado is essential for protecting your rights and limiting risks in construction defect cases. The six-to-eight-year absolute deadline under C.R.S. §13-80-104 applies regardless of discovery, meaning vigilance and proactive action are key.
If you believe you may have a construction defect claim, or if you are a construction professional facing potential liability, contact a knowledgeable Colorado construction defect attorney as early as possible to evaluate your options
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.