C.R.S. Section 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.

Source: Section 13-20-802.5 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑20‑101
What actions survive 13‑20‑102
Effect of repeal 13‑20‑201
Legislative declaration 13‑20‑202
Civil causes abolished 13‑20‑203
Breach of contract to marry not actionable 13‑20‑204
Certain contracts made in settlement of claims void 13‑20‑205
Unlawful to file pleading 13‑20‑206
Unlawful to name corespondent 13‑20‑207
Corespondent not to be disclosed - cross-examination - effect 13‑20‑208
Penalty for violations 13‑20‑401
Definitions 13‑20‑402
Physician to provide information for written informed consent 13‑20‑403
Restrictions on electroconvulsive treatment - rights of minors 13‑20‑601
Legislative declaration 13‑20‑602
Actions against licensed professionals and acupuncturists - certificate of review required 13‑20‑701
Legislative declaration 13‑20‑702
Definitions 13‑20‑703
Environmental third-party liability - ownership 13‑20‑801
Short title 13‑20‑802
Legislative declaration 13‑20‑802.5
Definitions 13‑20‑803
List of defects required 13‑20‑803.5
Notice of claim process 13‑20‑804
Restriction on construction defect negligence claims 13‑20‑805
Tolling of statutes of limitation 13‑20‑806
Limitation of damages 13‑20‑807
Express warranty - not affected 13‑20‑808
Insurance policies issued to construction professionals 13‑20‑901
Class actions - appellate review 13‑20‑1001
Short title 13‑20‑1002
Legislative declaration 13‑20‑1003
Definitions 13‑20‑1004
Forum non conveniens 13‑20‑1101
Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions 13‑20‑1201
Definitions 13‑20‑1202
Civil cause of action for sexual misconduct against a minor - exceptions 13‑20‑1203
Limitation on action - retroactive application 13‑20‑1204
Waiver of liability void 13‑20‑1205
No contributory negligence - interest on damages - limitation on damages 13‑20‑1206
Attorney fees 13‑20‑1207
Applicability of part to public entities and public employees - damages - no duty to indemnify
Green check means up to date. Up to date

Current through Fall 2024

§ 13-20-802.5’s source at colorado​.gov