Colorado Revised Statutes
Colo. Rev. Stat. § 13-20-805 (2026)
Tolling of statutes of limitation
✓ current as of July 2026
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If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process described in section 13-20-803.5.
Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2008–2025 · leading case: v. Zag Built LLC —, 2018 COA 66 (Colo. Ct. App. 2018).
v. Zag Built LLC —, 2018 COA 66 (Colo. Ct. App. 2018). “) Section 13-20-805, C.R.S. 2017, concerns tolling of statutes of limitation and states as follows: If a notice of claim is sent to a construction professional in accordance with section 13-20- 803.”
Shaw Constr., LLC v. United Builder Servs., Inc., 296 P.3d 145 (Colo. Ct. App. 2012). “First, section 13-20-805, C.R.S.2011 ("section 805"), tolls construction defect claims against only parties who receive actual notice of a claim.”
Sopris Lodging, LLC v. Schofield Excavation, Inc., 2016 COA 158 (Colo. Ct. App. 2016). “TDC had several options available to preserve its third-party claims against subcontractors. When TDC received Sopris Lodging’s notice of claim, it could have sent its own notices to subcontractors, thereby tolling the statute of limitations during the notice of claims process…”
Thermo Dev., Inc. v. Cent. Masonry Corp., 195 P.3d 1166 (Colo. Ct. App. 2008). “See § 13-20-805, C.R.$.2007. No other statutory tolling period was expressly included in either the 2001 or 2003 amendments.”
V&H v. Beardsley (Colo. Ct. App. 2025). “” § 13-20-805, C.R.S. 2024. ii. The Statute of Limitations Didn’t Bar V&H’s Claims ¶ 42 Because V&H settled the Homeowner action on May 20, 2021, neither V&H’s motion to amend nor its 2021 action was barred by the statute of limitations.”
Smith v. Exec. Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010). “See § 13-20-805, C.R.S. (2009). Hence, if the construction professional elects to make repairs pursuant to section 803.”
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