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: L. 2003: Entire section added, p. 1361, § 2, effective April 25.
Notes of Decisions
CLPF-Parkridge One, L.P. v. Harwell Investments, Inc., 105 P.3d 658 (Colo. 2005).
· cites it 8× “Previously, the definition of the word "action” was included in paragraph (1), but was subsequently moved to section 13-20-802.5 as quoted above. 6 . This transcript of the recorded hearings is attached to Harwell’s Petition for Original Proceeding to this Court.”
Auto-Owners Ins. Co. v. High Country Coatings, Inc., 388 F. Supp. 3d 1328 (D. Colo. 2019).
· cites it 4× “Colo. Rev. Stat. § 13-20-802.5 (5) defines a "notice of claim" as follows: [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…”
A.C. Excavating v. Yacht Club II Homeowners Ass'n, 114 P.3d 862 (Colo. 2005).
· cites it 2× “See § 13-20-802.5(4), C.R.S. (2004) (defining “construction professional” as “an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector .”
Hildebrand v. New Vista Homes II, LLC, 252 P.3d 1159 (Colo. Ct. App. 2010).
· cites it 4× “Actual Damages We next consider and reject New Vista's contention that because estimated repair costs exceeded fair market value of the home, the trial court erred in not capping repair cost damages at fair market value 3 Section 13-20-802.5(2), C.R.S.2010, provides in relevant…”
Shaw Constr., LLC v. United Builder Servs., Inc., 296 P.3d 145 (Colo. Ct. App. 2012).
· cites it 2× “" § 13-20-802.5(5), C.R.S.2011. The claimant must allow the construction professional to inspect the alleged defect within thirty days of ser *152 vice of the notice of claim.”
v. Clear Creek Skiing Corp., 2020 COA 176 (Colo. Ct. App. 2021).
· cites it 2× “2020 (“In order to preserve Colorado residential property owners’ legal rights and remedies, in any civil action or arbitration proceeding described in section 13-20-802.5(1), any express waiver of, or limitation on, the legal rights, remedies, or damages provided by the…”
rg v. Excel Elec., Inc, 2020 COA 103 (Colo. Ct. App. 2020).
“” See § 13-20-802.5(1) (providing that CDARA applies to actions “against a construction professional .”
Taylor Morrison of Colo., Inc. v. Bemas Constr., Inc., 411 P.3d 72 (Colo. Ct. App. 2014).
· cites it 2× “The HPA ¶ 13 The HPA provides, in pertinent part: In order to preserve Colorado residential property owners' legal rights and remedies, in any civil action or arbitration proceeding described in section 13-20-802.5(1), any express waiver of, or limitation on, the legal rights,…”
Veolia Water v. Antero, 2024 COA 126 (Colo. Ct. App. 2024).
“§ 13-20-802.5(1), (4), C.R.S. 2024; § 13-20-806(1), C.”
Alpine Bank v. Hubbell, 506 F. Supp. 2d 388 (D. Colo. 2007).
“- § 13-20-802.5(4) (2006). I see no reaspn to extend Yacht Club’s reasoning outside of the construction professional context.”
MCI Commc'ns Servs., Inc. v. B&F Co. Inc. (D. Colo. 2020).
· cites it 10× “” Colo. Rev. Stat. § 13-20-802.5 (2). The Court understands the parties to agree that, if CDARA applies, Plaintiffs may not recover loss of use damages, but, if CDARA does not apply, Plaintiffs may seek loss of use damages at trial.”
Smith v. Exec. Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010).
· cites it 4× “See § 13-20-802.5(5), C.R.S. (2009). In response, the construction professional may inspect the property.”
— Colo. Rev. Stat. § 13-20-802.5(1) — 6 cases
CLPF-Parkridge One, L.P. v. Harwell Investments, Inc., 105 P.3d 658 (Colo. 2005).
“Previously, the definition of the word "action” was included in paragraph (1), but was subsequently moved to section 13-20-802.5 as quoted above. 6 . This transcript of the recorded hearings is attached to Harwell’s Petition for Original Proceeding to this Court.”
v. Clear Creek Skiing Corp., 2020 COA 176 (Colo. Ct. App. 2021).
“2020 (“In order to preserve Colorado residential property owners’ legal rights and remedies, in any civil action or arbitration proceeding described in section 13-20-802.5(1), any express waiver of, or limitation on, the legal rights, remedies, or damages provided by the…”
rg v. Excel Elec., Inc, 2020 COA 103 (Colo. Ct. App. 2020).
“” See § 13-20-802.5(1) (providing that CDARA applies to actions “against a construction professional .”
Taylor Morrison of Colo., Inc. v. Bemas Constr., Inc., 411 P.3d 72 (Colo. Ct. App. 2014).
“The HPA ¶ 13 The HPA provides, in pertinent part: In order to preserve Colorado residential property owners' legal rights and remedies, in any civil action or arbitration proceeding described in section 13-20-802.5(1), any express waiver of, or limitation on, the legal rights,…”
Veolia Water v. Antero, 2024 COA 126 (Colo. Ct. App. 2024).
“§ 13-20-802.5(1), (4), C.R.S. 2024; § 13-20-806(1), C.”
— Colo. Rev. Stat. § 13-20-802.5(2) — 1 case
Hildebrand v. New Vista Homes II, LLC, 252 P.3d 1159 (Colo. Ct. App. 2010).
“Actual Damages We next consider and reject New Vista's contention that because estimated repair costs exceeded fair market value of the home, the trial court erred in not capping repair cost damages at fair market value 3 Section 13-20-802.5(2), C.R.S.2010, provides in relevant…”
— Colo. Rev. Stat. § 13-20-802.5(4) — 4 cases
A.C. Excavating v. Yacht Club II Homeowners Ass'n, 114 P.3d 862 (Colo. 2005).
“See § 13-20-802.5(4), C.R.S. (2004) (defining “construction professional” as “an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector .”
Alpine Bank v. Hubbell, 506 F. Supp. 2d 388 (D. Colo. 2007).
“- § 13-20-802.5(4) (2006). I see no reaspn to extend Yacht Club’s reasoning outside of the construction professional context.”
— Colo. Rev. Stat. § 13-20-802.5(5) — 2 cases
Shaw Constr., LLC v. United Builder Servs., Inc., 296 P.3d 145 (Colo. Ct. App. 2012).
“" § 13-20-802.5(5), C.R.S.2011. The claimant must allow the construction professional to inspect the alleged defect within thirty days of ser *152 vice of the notice of claim.”
Smith v. Exec. Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010).
“See § 13-20-802.5(5), C.R.S. (2009). In response, the construction professional may inspect the property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.