(1) Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within the time provided in section 13-80-101 after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.
(2) For purposes of this section, land survey or improvement survey means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of part 3 of article 120 of title 12 and includes but is not limited to professional land surveying, as defined in section 12-120-302 (5). Nothing in this section shall be construed as extending the period or periods provided by the laws of Colorado or by agreement of the parties for bringing any action, nor shall this section be construed as creating any claim for relief not existing or recognized on or before July 1, 1979.
(3) (a) The limitations set forth in subsections (1) and (2) of this section shall not apply to any survey unless the documentary evidence of such land survey contains, clearly depicted thereon, the following statement:
NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon.
(b) If any survey is performed that does not require documentation, the limitations set forth in subsections (1) and (2) of this section shall nevertheless apply if, not more than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.
Source: L. 86: Entire article R&RE, p. 698, � 1, effective July 1. L. 87: (2) amended, p. 1577, � 19, effective July 10. L. 2006: (3)(b) amended, p. 339, � 3, effective August 7. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1668, � 77, effective October 1.
Editor's note: This section is similar to former � 13-80-127.3 as it existed prior to 1986.
13-80-105.5. Limitation of actions against a real estate appraiser - definitions. (1) Notwithstanding any statutory provision to the contrary, an action against a real estate appraiser or individual performing a real estate appraisal practice must be brought within five years after the date of report.
(2) (a) The limitation set forth in subsection (1) of this section does not apply to an action against a real estate appraiser or individual performing a real estate appraisal practice if the action is brought by:
(I) A consumer who is an original party to the residential mortgage loan or residential real estate transaction for which the real estate appraiser or individual performing a real estate appraisal practice completed an appraisal report or performed an appraisal service that forms the basis of the action; or
(II) A mortgage originator who must repurchase a loan from an entity holding the loan or the mortgage security, and a defect in the completed appraisal report or the appraisal service performed as part of the mortgage origination process forms the basis of the action.
(b) Subsection (2)(a)(I) of this section does not create a new private right of action.
(3) Notwithstanding any statutory provision to the contrary, an action for fraud or knowing and intentional misrepresentation brought against a real estate appraiser or an individual performing a real estate appraisal practice must be brought within the time provided in section 13-80-101.
(4) Notwithstanding any statutory provision to the contrary, an action for a discriminatory housing practice brought against a real estate appraiser or an individual performing a real estate appraisal practice must be brought within the time provided in part 5 of article 34 of title 24 or in applicable federal law.
(5) As used in this section, unless the context otherwise requires:
(a) Date of report means the date when an appraisal report is completed and transmitted to the client.
(b) Real estate appraisal practice means real estate valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal and appraisal review.
Source: L. 2025: Entire section added, (SB 25-035), ch. 319, p. 1670, � 1, effective August 6.
13-80-106. Limitation of actions against manufacturers or sellers of products. (1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.
(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.
Source: L. 86: Entire article R&RE, p. 698, � 1, effective July 1.
Editor's note: This section is similar to former � 13-80-127.5 as it existed prior to 1986.
13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment. (1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.
(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.
(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.
(2) As used in this section, manufacturing equipment means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.
(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.
(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.
Source: L. 86: Entire article R&RE, p. 699, � 1, effective July 1. L. 87: (1)(a) amended, p. 568, � 5, effective July 1; (1)(a) amended, p. 594, � 19, effective July 10.
Editor's note: This section is similar to former � 13-80-127.6 as it existed prior to 1986.
13-80-107.5. Limitation of actions for uninsured or underinsured motorist insurance - definitions. (1) Except as described in section 13-80-102 (2), but notwithstanding any other statutory provision to the contrary, all actions or arbitrations under sections 10-4-609 and 10-4-610, C.R.S., pertaining to insurance protection against uninsured or underinsured motorists shall be commenced within the following time limitations and not thereafter:
(a) An action or arbitration of an uninsured motorist insurance claim, as defined in sections 10-4-609 and 10-4-610, C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the uninsured motorist is preserved by commencing an action against the uninsured motorist within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an uninsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured knows that the particular tortfeasor is not covered by any applicable insurance. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration.
(b) An action or arbitration of an underinsured motorist insurance claim, as defined in section 10-4-609 (4), C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the underinsured motorist is preserved by commencing an action against the underinsured motorist or by payment of either the liability claim settlement or judgment within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an underinsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured received payment of the settlement or judgment on the underlying bodily injury liability claim. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration.
(2) As used in this section, unless the context otherwise requires:
(a) Action means a lawsuit commenced in a court of competent jurisdiction; and
(b) Arbitration demand means a written demand for arbitration delivered to the insurer that reasonably identifies the person making the claim, the identity of the uninsured or underinsured motorist, if known, and the fact that an uninsured or underinsured motorist insurance arbitration is being demanded.
(3) An uninsured or underinsured motorist cause of action accrues after both the existence of the death, injury, or damage giving rise to the claim and the cause of the death, injury, or damage are known or should have been known by the exercise of reasonable diligence.
Source: L. 94: Entire section added, p. 2825, � 3, effective July 1. L. 2014: IP(1) amended, (SB 14-213), ch. 344, p. 1537, � 4, effective July 1. L. 2015: IP(1) amended, (SB 15-264), ch. 259, p. 950, � 32, effective August 5.