C.R.S. § 13-80-104

Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others.

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13-80-104. Limitation of actions against architects, contractors, builders or
builder vendors, engineers, inspectors, and others. (1) (a) Notwithstanding any
statutory provision to the contrary, all actions against any architect, contractor,
builder or builder vendor, engineer, or inspector performing or furnishing the
design, planning, supervision, inspection, construction, or observation of
construction of any improvement to real property shall be brought within the time
provided in section 13-80-102 after the claim for relief arises, and not thereafter,
but in no case shall such an action be brought more than six years after the
substantial completion of the improvement to the real property, except as provided
in subsection (2) of this section.

 (b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
a claim for relief arises under this section at the time the claimant or the claimant's
predecessor in interest discovers or in the exercise of reasonable diligence should
have discovered the physical manifestations of a defect in the improvement which
ultimately causes the injury.

 (II) Notwithstanding the provisions of paragraph (a) of this subsection (1), all
claims, including, but not limited to indemnity or contribution, by a claimant against
a person who is or may be liable to the claimant for all or part of the claimant's
liability to a third person:

 (A) Arise at the time the third person's claim against the claimant is settled
or at the time final judgment is entered on the third person's claim against the
claimant, whichever comes first; and

 (B) Shall be brought within ninety days after the claims arise, and not
thereafter.

 (c) Such actions shall include any and all actions in tort, contract, indemnity,
or contribution, or other actions for the recovery of damages for:

 (I) Any deficiency in the design, planning, supervision, inspection,
construction, or observation of construction of any improvement to real property; or

 (II) Injury to real or personal property caused by any such deficiency; or

 (III) Injury to or wrongful death of a person caused by any such deficiency.

 (2) In case any such cause of action arises during the fifth or sixth year after
substantial completion of the improvement to real property, said action shall be
brought within two years after the date upon which said cause of action arises.

 (3) The limitations provided by this section shall not be asserted as a defense
by any person in actual possession or control, as owner or tenant or in any other
capacity, of such an improvement at the time any deficiency in such an
improvement constitutes the proximate cause of the injury or damage for which it is
proposed to bring an action.

 Source: L. 86: Entire article R&RE, p. 697, § 1, effective July 1. L. 2001: (1)(b)
amended, p. 390, § 2, effective August 8.

 Editor's note: This section is similar to former § 13-80-127 as it existed prior
to 1986.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.