Originally published in Colorado Construction & Design Magazine. (2012).

Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than clear. Now, the Colorado Court of Appeals has provided some clarity.

Colorado law has two mechanisms - statutes of limitation and statutes of repose - to discourage what courts call stale claims.

Statutes of limitation require parties suing construction professionals for defects to file their lawsuit within two years of when the defect is discovered...