As previously reported, SB 20-138, “Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects,” would have extended the Colorado statute of repose applicable to construction defect claims. Senate Bill 20-138, if enacted, would have:
- Extended Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years;
- Required tolling of the statute of repose until the claimant discovers not only the physical manifestation of a construction defect, but also its cause; and
- Permitted statutory and equitable tolling of the statute of repose.