Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-4-109 (2026)

Delays

✓ current as of July 2026
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(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.

(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.

Source: L. 94: Entire article amended with relocations, p. 884, § 2, effective January 1, 1995.

Editor's note: This section is similar to former § 4-4-108 as it existed prior to 1994, and the former § 4-4-109 was relocated to § 4-4-110.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1983–2025 · leading case: Brent Explorations, Inc. v. Karst Enter., Inc. (In Re Brent Explorations, Inc.), 31 B.R. 745 (Bankr.D. Colo. 1983).
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Brent Explorations, Inc. v. Karst Enter., Inc. (In Re Brent Explorations, Inc.), 31 B.R. 745 (Bankr.D. Colo. 1983). · cites it 3× “Under Section 4-4-109, C.R.S.1973, posting is defined as some decision to pay and some/ recording of the payment.”
McAlister v. LGI Homes Corp., LLC (D. Colo. 2025). · cites it 2× “Under the CWA, willfulness relates only to additional damages under Colo. Rev. Stat. § 4-4-109 (3)(II) or the length of the limitations period under Colo.”
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.