APPENDICES

• Jurisdiction: Colorado

Appendices

PREFACE TO APPENDICES

These appendices are intended to offer, at best, a starting point for drafting certain frequently used pleadings and other court filings in residential construction defect cases. No proposed jury instruction form has been approved by any court or jury instruction committee.

Some potentially available causes of action were omitted from the form Complaints for tactical reasons, such as to help preserve insurance coverage. In some cases, claims for negligent misrepresentation and intentional misrepresentation were combined in one claim for relief, which may be unacceptable to some courts. Certain appendices are preceded by a comment providing additional thoughts regarding use of the particular form. The authors thank the law firm of Markusson, Green & Jarvis, P.C., for its helpful input into some of the forms used by construction professional defendants.

INDEX TO APPENDICES

Appendix 1: Construction Defect Statute of Limitations and Repose Checklist .....................595

Appendix 2: Construction Defect Claim Timeline ............................................599

Appendix 3: CDARA Notice of Claim.....................................................601

Appendix 4: HOA CD Action Approval Timeline (C.R.S. § 38-33.3-303.5/HB 17-1279).............. 607

Appendix 5: HOA CD Action Approval Requirements Task List (C.R.S. § 38-33.3-303.5/HB 17-1279)........................................... 609

Appendices 6A and 6B: Sample Meeting and Disclosure Notices (C.R.S. § 38-33.3-303.5) ........... 613

Appendix 7: Local CD Ordinance Categories and Adopting Jurisdictions..........................615

Appendix 8: Local CD Ordinances — Summary and Comparison Chart...........................617

Appendix 9: Complaint (single-family home) ...............................................677

Appendix 10: Complaint (multi-family development) .........................................691

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