APPENDIX 2

• Jurisdiction: Colorado

APPENDIX 2

Construction Defect Claim Timeline

STATUTES OF LIMITATIONS AND REPOSE
As to each specific construction defect:	Serve CDARA notice of claim or commence suit concerning defect within two years after the claimant or the claimant's predecessor in interest first discovered or should have discovered physical manifestations of defect.
	Serve CDARA notice of claim or commence suit concerning defect within six years of substantial completion of improvement to real property containing the defect or, if the claimant or the claimant's predecessor in interest first discovered or should have discovered physical manifestations of defect during fifth or sixth year after substantial completion, serve CDARA notice of claim or commence suit within two years of that date.
	As to certain claims, different statutes of limitations and no statute of repose may apply, such as, arguably, claims founded on a violation of Colorado's Consumer Protection Act or a breach of a warranty of repair.
	Service of a written CDARA notice of claim may temporarily toll the running of potentially applicable statutes of limitations and repose until 60 days following completion of the notice of claim process.
CDARA PRE-SUIT NOTICE OF CLAIM PROCESS
In case of residential property defect(s):	At least 75 days before bringing a construction defect action (lawsuit or arbitration), a claimant should provide by certified mail or personal delivery a written CDARA notice of claim to each potentially responsible construction professional the claimant intends to sue, and complete the Notice of Claim process.
	A construction professional has 30 days after receipt of a CDARA notice of claim to request and complete a property inspection of claimed defect(s) and resulting damages.
	A construction professional has 30 days after later of property inspection or receipt of CDARA notice of claim to mail or deliver to the claimant a statutory settlement offer (an offer to pay money or make repairs) — if repair offered, the inspection report, a remediation plan, and a repair timetable must be provided.
	A claimant must accept a statutory settlement offer within 15 days in writing or the offer is deemed rejected. If no offer is made or the offer is rejected, the claimant may commence an action on the claimed defect.
	CDARA notice of claim deadlines may be extended by the parties' mutual agreement if confirmed in writing.
	Claimants may amend a CDARA...