CCRJ has secured momentous victory for Builders and Construction Professionals in Colorado. In short, CCRJ was able to secure Summary Judgment for its client, a general contractor, against the owner/developer of a multi building senior living facility. CCRJ’s client had over $8,000,000.00 in damages allocated to it.
In sum, CCRJ motioned for Summary Judgment on behalf of its client the general contractor on the basis that its contract with the owner altered the accrual/trigger date for the applicable statute of limitations, and consequently under the facts of the case Plaintiff’s claims were time barred. Plaintiff argued in response that the contractual alteration of the statute of limitations was void pursuant to Colorado’s Homeowner Protection Act (C.R.S. 13-20-806(7)). The Court found that the HPA did not apply in this case because the senior living facility was determined to be a commercial (as opposed to residential) project. As such, the contractual alteration of the accrual/trigger date for the statute of limitations was enforced and Plaintiff’s claims were time barred. This is a significant victory for Colorado’s builders.