Holdsworth & Inkwell
Colorado CDARA Pre-Suit Notice of Claim Response Guide
Mountain West

Colorado CDARA Pre-Suit Notice of Claim Response Guide

Instructions

How to Apply This Guide

This guide is a defendant-side reference for the CDARA pre-suit notice process under CRS § 13-20-801 through § 13-20-808. The claimant must provide a written notice of claim describing each alleged construction defect in sufficient detail to determine the nature and location of the defect. The construction professional has 30 days from receipt to inspect the property and 60 days from receipt to provide a written response, which may include an offer to settle, an offer to remedy, or a denial. Failure to respond within the statutory window forfeits the right to require the claimant to comply with the notice procedure and may have evidentiary consequences at trial. Coordinate with insurance carrier early in the process, since notice triggers coverage analysis and defense obligations under most CGL policies. Review CRS § 13-20-806 for the fee-shifting provisions applicable to claimants who refuse reasonable offers of remedy.

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Updated
August 30, 2024

The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney about your specific situation.

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Beyond the Notice

A pre-suit response rarely settles the whole matter on its own. If your situation raises questions beyond this guide, we're glad to talk it through. The rest of our Mountain West Legal Guides cover related Colorado and regional matters.