C.R.S. Section 8-41-402
Repairs to real property

  • exception for liability of occupant of residential real property

(1)

Every person, company, or corporation owning any real property or improvements thereon and contracting out any work done on and to said property to any contractor, subcontractor, or person who hires or uses employees in the doing of such work shall be deemed to be an employer under the terms of articles 40 to 47 of this title. Every such contractor, subcontractor, or person, as well as such contractor’s, subcontractor’s, and person’s employees, shall be deemed to be an employee, and such employer shall be liable as provided in said articles to pay compensation for injury or death resulting therefrom to said contractor, subcontractor, or person and said employees or employees’ dependents and, before commencing said work, shall insure and keep insured all liability as provided in said articles. Such employer shall be entitled to recover the cost of such insurance from said contractor, subcontractor, or person and may withhold and deduct the same from the contract price or any royalties or other money due, owing, or to become due to said contractor, subcontractor, or person. Articles 40 to 47 of this title shall not apply to the owner or occupant, or both, of residential real property which meets the definition of a “qualified residence” under section 163 (h)(4)(A) of the federal “Internal Revenue Code of 1986”, as amended, who contracts out any work done to the property, unless the person performing the work is otherwise an employee of the owner or occupant, or both, of the property.

(2)

If said contractor, subcontractor, or person doing or undertaking to do any work for an owner of property, as provided in subsection (1) of this section, is also an employer in the doing of such work and, before commencing such work, insures and keeps insured all liability for compensation as provided in articles 40 to 47 of this title, neither said contractor, subcontractor, or person nor any employees or insurers thereof shall have any right of contribution or action of any kind, including actions under section 8-41-203, against the person, company, or corporation owning real property and improvements thereon which contracts out work done on said property, or against its employees, servants, or agents.
(3)(Deleted by amendment, L. 91, p. 1295, § 9, effective July 1, 1991.)

Source: Section 8-41-402 — Repairs to real property - exception for liability of occupant of residential real property, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑41‑101
Assumption of risk - negligence of employee or fellow servant 8‑41‑102
Liability of employer complying 8‑41‑103
Availability of common-law defenses 8‑41‑104
Acceptance as surrender of other remedies 8‑41‑201
Not applicable to common carriers 8‑41‑202
Rejection of coverage by corporate officers and others 8‑41‑203
Negligence of stranger - remedies - subrogation - actions - compromise 8‑41‑204
Injury outside of state - benefits in accordance with state law 8‑41‑205
Waiver of compensation by employee - approval required - exception 8‑41‑206
Disability beginning five years after injury 8‑41‑207
Death after two years 8‑41‑208
Coverage for job-related exposure to or contraction of hepatitis C 8‑41‑209
Coverage for occupational diseases contracted by firefighters 8‑41‑210
Coverage for property tax work-off program participants 8‑41‑211
Transportation network company drivers - rules 8‑41‑212
Exemptions - laws of other state furnish exclusive remedy - definitions 8‑41‑301
Conditions of recovery - definitions 8‑41‑302
Scope of terms - “accident” - “injury” - “occupational disease” 8‑41‑303
Loaning employer liable for compensation 8‑41‑304
Last employer liable - exception 8‑41‑401
Lessor contractor-out deemed employer - liability - recovery 8‑41‑402
Repairs to real property - exception for liability of occupant of residential real property 8‑41‑403
Exemption of certain lessors of real property 8‑41‑404
Construction work - proof of coverage required - violation - penalty - definitions 8‑41‑501
Persons presumed wholly dependent 8‑41‑502
Other dependents - temporary dependency 8‑41‑503
Dependency and extent determined - how 8‑41‑504
Action by injured employee - dependents not parties in interest 8‑41‑505
Minor children
Green check means up to date. Up to date

Current through Fall 2024

§ 8-41-402’s source at colorado​.gov