CO SB138

Increases the statutory limitation period for construction defect actions from 6 years to 10 years after substantial completion of improvements to real property.

Requires claimants to discover both the physical manifestations AND the cause of a construction defect for the claim to arise, rather than physical manifestations alone.

Makes limitation periods subject to both statutory and equitable tolling, allowing for extension of deadlines under various legal grounds.

Extends the special 2-year filing window for claims arising during the limitation period from years 5-6 to years 9-10 after substantial completion.

Applies to causes of action that accrue on or after the effective date of August 5, 2020, or November 2020 if subject to a voter referendum.