Tolling the Statutes of Limitations and Repose: The Notice of Claim Process in Colorado
The statutes of limitation and repose state that if homeowners do not pursue their claims within a set amount of time, their claims are forever time-barred (See cdlawblog.com’s April 2, 2012 blog “What Every Homeowner Should Know About Colorado’s Statutes of Limitations and Repose for Construction Defect Claims”). However, the Colorado Construction Defect Action Reform Act (CDARA)—the statute under which homeowners bring their construction defect claims against construction professionals—requires a procedure that tolls, or stops, the clock on the statutes of limitation and repose before filing a lawsuit.
What Every Homeowner Should Know About Colorado’s Statutes of Limitations and Repose
The statutes of limitations and repose have profound effects on every new homeowner’s rights against a builder for construction defect claims. In short, the statutes of limitations and repose state that if homeowners do not pursue their claims within a set amount of time, their claims are forever time-barred.
Do Subcontractors Get a Free Pass for Construction Defects?
A recent trend in Colorado law relating to statutes of limitations and repose—the deadlines that limit the amount of time a homeowner has to bring a claim—may give some subcontractors a free pass for construction defects. In these tough economic times, Colorado has seen several homebuilders go out of business. In some cases, builders have left housing developments only partially built, and badly in need of repairs. When their builder has gone out of business, some HOA’s have to turn to their homebuilder’s subcontractors to pay for repairs to construction defects.