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.
Not All Construction Defect Actions Exempt from the Pilot Project on Civil Procedure Rules
At least one Denver District Court judge held that the Civil Access Pilot Project Rules, effective January 1, 2012, are applicable in some construction defect actions. Adopted to reduce the expense of litigation in business actions, the Pilot Project contains the framework for a stringent discovery protocol. Chief Justice Bender explained the purpose of the Pilot Project in his January 14, 2011 State of the Judiciary Address before the Colorado General Assembly.