Products Liability Claim 2 Year Limitation Period In Colorado
Sections 13-80-104(1)(a) and 13-80-104(2), C.R.S. 1999, provide in pertinent part:
(1)(a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section 13-80-102 after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property . . . .
(2) In case any such cause of action arises during the fifth or sixth year after substantial completion . . . said action shall be brought within two years after the date upon which said cause of action arises. (emphasis added)
Section 13-80-104 is both a statute of limitations and a statute of repose. a statute of limitations takes effect when a claim arises, while a statute of repose bars the bringing of a suit after a set period of time, regardless whether an injury has occurred or a claim has arisen. Gleason v. Becker-Johnson Associates, Inc., 916 P.2d 662 (Colo. App. 1996).
This statute focuses on two categories:
(1) certain types of professionals;
(2) certain building activities.
The statute delineates the types of protected individuals, and differentiates between those whose activities relate to the building of a structure and those who manufacture products made part of the structure through the efforts of others. the conduct at issue must originate from an activity that the statute was designed to protect, namely, the process of building an improvement to real property. See Stanske v. Wazee Electric Co., 722 P.2d 402 (Colo. 1986) (interpreting predecessor statute).