Colorado § 13-20-804 - Restriction on construction defect negligence claims.
Full text of Colorado Colorado Revised Statutes § 13-20-804 — Restriction on construction defect negligence claims., with citation guidance and answers to common questions.
§ 13-20-804. Restriction on construction defect negligence claims.
(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.
Source: L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: IP(1), (1)(a), and (1)(b) amended, p. 1362, § 4, effective April 25.
ANNOTATION
Law reviews. For article, "The Construction Defect Action Reform Act", see 30 Colo. Law. 121 (Oct. 2001).
Plaintiff is not required to plead or prove that plaintiff complied with the notice process or that claim arose from a "construction defect". Act requires only that the plaintiff prove the elements of his or her common law negligence claim. Land-Wells v. Rain Way Sprinkler & Lands., 187 P.3d 1152 (Colo. App. 2008).
An "improvement" may be a discrete component of an entire project, such as the last of multiple residential buildings. Shaw Constr., LLC v. United Builder Servs., 2012 COA 24, 296 P.3d 145.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-20-804
What does Colorado Revised Statutes § 13-20-804 cover?
Section 13-20-804 ("Restriction on construction defect negligence claims.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-20-804?
A common citation format is "Colorado Revised Statutes § 13-20-804" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-20-804 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.