August 19, 2019

Case Law: Smith v. Executive Custom Homes, Statute of Limitations and the Construction Defect Action Reform Act

Construction Defect Action Reform Act—Personal Injury Claims—Claim Accrual—Statute of Limitations—Statutory Interpretation—Repair Doctrine—Equitable Tolling.

In this appeal from a grant of summary judgment, the Supreme Court held that claims for personal injury under the Construction Defect Action Reform Act begin to accrue for purposes of the two-year statute of limitations at the time the claimant first discovers, or in the exercise of reasonable diligence should have discovered, the physical manifestations of the defect that ultimately causes the injury. The Court further held that the statute’s notice of claim and tolling provisions preclude equitable tolling under the repair doctrine.

The Court reverses the ruling of the court of appeals. The case is remanded with instructions to affirm the ruling of the trial court.

The Rocky Mountain Appellate Blog covered the case in more depth yesterday.

Summary and full case also available here.

CBA-CLE publishes the Practitioner’s Guide to Colorado Construction Law–the definitive desktop guide for Colorado construction law attorneys.
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