Monthly Archives: May 2010

May 10, 2010

Repairs Won’t Toll The Statute Of Limitations

By Tim Gordon

Smith v. Executive Custom Homes (Colo. 2010)

Reversing the Colorado Court of Appeals, the Colorado Supreme Court holds that the repair doctrine, which is an equitable tolling doctrine, is inconsistent with the Construction Defect Action Reform Act (“CDARA”).  As such, ongoing repairs or attempts to repair by a contractor of a construction defect do not equitably toll the statute of limitations.