1. (1) If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under the applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process described in section 13-20-803.5.
2. (2) If an alleged construction defect is being mitigated pursuant to section 13-20-803.5, the statute of limitations or repose is tolled for the duration of the mitigation; except that the maximum length of tolling under this subsection (2) cannot exceed one year.
3. (3) The tolling of the statute of limitations or repose under subsection (1) or (2) of this section does not preclude the tolling of the statute of limitations or repose under the other subsection of this section.

Source: L. 2003: Entire section added, p. 1363, § 5, effective April 25. L. 2025: Entire section amended, (HB 25-1272), ch. 183, p. 794, § 5, effective August 6.

Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado 2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.