Colorado Revised Statutes

Colo. Rev. Stat. § 13-50.5-101 (2026)

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✓ current as of July 2026

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This article shall be known and may be cited as the "Uniform Contribution Among Tortfeasors Act".

Source: L. 77: Entire article added, p. 808, § 1, effective July 1.

13-50.5-102. Right to contribution - contract or agreement provision to indemnify or hold harmless void against public policy. (1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

(2) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.

(3) There is no right of contribution in favor of any tortfeasor who has intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.

(4) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

(5) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

(6) This article does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

(7) This article shall not apply to breaches of trust or of other fiduciary obligation.

(8) (a) Any public contract or agreement for architectural, engineering, or surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction that contains a covenant, promise, agreement, or combination thereof to defend, indemnify, or hold harmless any public entity is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the indemnity obligor or the indemnity obligor's agents, representatives, subcontractors, or suppliers. Any such covenant, promise, agreement, or combination thereof requiring an indemnity obligor to defend, indemnify, or hold harmless any public entity from that public entity's own negligence is void as against public policy and wholly unenforceable.

(b) This subsection (8) shall not apply to construction bonds, contracts of insurance, or insurance policies that provide for the defense, indemnification, or holding harmless of public entities or contract clauses regarding insurance. This subsection (8) is intended only to affect the contractual relationship between the parties relating to the defense, indemnification, or holding harmless of public entities, and nothing in this subsection (8) shall affect any other rights or remedies of public entities or contracting parties.

(c) If the indemnity obligor is a person or entity providing architectural, engineering, surveying, or other design services, then the extent of an indemnity obligor's obligation to defend, indemnify, or hold harmless an indemnity obligee may be determined only after the indemnity obligor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the indemnity obligor and obligee.

Source: L. 77: Entire article added, p. 808, § 1, effective July 1. L. 87: (6) amended, p. 1577, § 18, effective July 10. L. 88: (8) added, p. 404, § 2, effective May 17. L. 89: (8) amended, p. 760, § 1, effective March 15. L. 2015: (8) amended, (HB 15-1197), ch. 93, p. 265, § 1, effective September 1.

Notes of Decisions

Cited in 50 cases (1 in the last 5 years), 1978–2025 · leading case: Brochner v. W. Ins. Co., 724 P.2d 1293 (Colo. 1986).

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Brochner v. W. Ins. Co., 724 P.2d 1293 (Colo. 1986). · cites it 6× “The trial court also awarded Western its attorney fees and costs incurred in defending the original lawsuit. The Court of Appeals affirmed the trial court's judgment.”

Kussman v. City & Cnty. of Denver, 706 P.2d 776 (Colo. 1985). · cites it 4× “The court of appeals held that the Uniform Contribution Among Tortfeasors Act (Act), §§ 13-50.5-101 to -106, 6 C.R.S. (1984 Supp.”

Nw. Airlines, Inc. v. Transp. Workers Union, 451 U.S. 77 (1981). “1981); Colo. Rev. Stat. §§13-50.5-101 to 13-50.5-106 (Supp.”

Williams v. White Mountain Constr. Co., 749 P.2d 423 (Colo. 1988). · cites it 2× “White Mountain contends here that (1) the trial court erred in refusing to find that an oral contract of indemnity was created; (2) the Compensation Act does not prohibit White Mountain from claiming contribution from Permanent Builders under the Uniform Contribution Among…”

W. Ins. Co. v. Brochner, 682 P.2d 1213 (Colo. Ct. App. 1984). · cites it 4× “Colorado's abrogation of this rule was codified by the adoption of the Uniform Contribution Among Tortfeasors Act, § 13-50.5-101, et seq., C.R.S.1973 (1982 Cum.”

Smith v. Zufelt Ex Rel. Zufelt, 880 P.2d 1178 (Colo. 1994). · cites it 2× “A In 1977, Colorado adopted the Uniform Contribution Among Tortfeasors Act (the “Contribution Act”), §§ 13-50.5-101 to 50.5-106. See Ch. 195, sec.”

Cruz v. Benine, 984 P.2d 1173 (Colo. 1999). · cites it 2× “As such, they argue that the Uniform Contribution Among Tortfeasors Act, sections 13-50.5-101 to -106, 5 C.R.S. (1998) (“UCATA”), which allows parties to a prior action to file subsequent claims against joint tortfeasors, supercedes the common law doctrine of claim preclusion.”

Neves v. Potter, 769 P.2d 1047 (Colo. 1989). · cites it 2× “Effective July 1, 1977, the General Assembly abrogated the common law release rule in Colorado by passage of the UCATA, sections 13-50.5-101 to -106, 6A C.R.S. (1987 & 1988 Supp.”

Patten v. Knutzen, 646 F. Supp. 427 (D. Colo. 1986). · cites it 4× “Lindstrom for contribution pursuant to the Colorado Uniform Contribution Among Tortfeasors Act (UCATA), Colo.Rev.Stat. § 13-50.5-101 et seq. (Supp.”

Fibreboard Corp. v. Fenton, 845 P.2d 1168 (Colo. 1993). · cites it 2× “" See §§ 13-50.5-101 to -106, 6A C.R.S. (1985 Supp.”

Nat'l Farmers Union Prop. & Cas. Co. v. Frackelton, 662 P.2d 1056 (Colo. 1983). · cites it 2× “, and the Uniform Contribution Among Tortfeasors Act, sections 13-50.5-101 to 106, C.R.S.1973 (1982 Supp.”

Mountain Mobile Mix, Inc. v. Gifford, 660 P.2d 883 (Colo. 1983). · cites it 2× “In our view, Colorado’s entire scheme of compensating tort victims and allocating losses is sufficiently different from Wisconsin’s and other states’ to render profitless any attempt to rely on Wisconsin’s or other courts’ judicial gloss of their particular comparative…”

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