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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more of the following:
(a) Actual damage to real or personal property;
(b) Actual loss of the use of real or personal property;
(c) Bodily injury or wrongful death; or
(d) A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential real property.
(2) Nothing in this section shall be construed to prohibit, limit, or impair the following:
(a) The assertion of tort claims other than claims for negligence;
(b) The assertion of contract or warranty claims; or
(c) The assertion of claims that arise from the violation of any statute or ordinance other than claims for violation of a building code.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-20-804. Restriction on construction defect negligence claims - last updated January 01, 2022 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-20-804/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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