Every civil claim in Colorado is subject to a statute of limitations—a legal deadline for filing a lawsuit after a claim “accrues.” Once that period expires, the right to sue is typically barred, no matter how strong the underlying case may be. Some claims also carry a statute of repose, which sets an absolute outer limit for filing, even if the injury or defect wasn’t discovered until later.
Understanding these time limits is essential for both plaintiffs and defendants. A missed filing deadline can end a case before it begins, while a properly raised limitations defense can be dispositive. Colorado’s limitation periods are spread across several statutes in Title 13, Article 80 of the Colorado Revised Statutes, along with specialized provisions in the Uniform Commercial Code and other laws.
The table below summarizes the major civil statutes of limitation and repose under Colorado law, grouped by claim type, with citations to the controlling statutes. This resource is for informational purposes only and should not be treated as legal advice—limitations periods can vary based on specific facts, tolling provisions, and accrual rules.
Colorado Civil Statutes of Limitation & Repose
| Claim Type |
Limitations Period |
Statute of Repose (if any) |
Colorado Revised Statutes (C.R.S.) Citation(s) |
| Negligence (non-auto) | 2 years | — | § 13-80-102(1)(a); § 13-80-108 |
| Auto bodily injury/property damage | 3 years | — | § 13-80-101(1)(n) |
| Products liability | 2 years | — | § 13-80-106 |
| New manufacturing equipment | 2 years | 7 years | § 13-80-107 |
| Medical malpractice | 2 years | 3 years | § 13-80-102.5 |
| Legal malpractice / other professional negligence | 2 years | — | § 13-80-102(1)(a); § 13-80-108 |
| Construction defects | 2 years (from discovery) | 6 years (up to 8 years total) | § 13-80-104 |
| Land surveyor negligence | As per § 13-80-101 (discovery) | 10 years | § 13-80-105 |
| Defamation; assault/battery; false imprisonment; law enforcement actions | 1 year | — | § 13-80-103(1) |
| Fraud / misrepresentation / concealment | 3 years (from discovery) | — | § 13-80-101(1)(c); § 13-80-108(3) |
| Breach of fiduciary duty / trust | 3 years | — | § 13-80-101(1)(f) |
| UM (uninsured motorist) | 2 years | — | § 13-80-107.5(1)(a) |
| UIM (underinsured motorist) | 3 years from accident or 2 years from settlement/judgment if preserved | — | § 13-80-107.5(1)(b) |
| Contracts (non-UCC) | 3 years | — | § 13-80-101(1)(a) |
| UCC sales (Article 2) | 3 years (Colorado deviation from 4-year UCC norm) | — | § 4-2-725(1) |
| Negotiable instruments (notes, drafts, CDs) | 6 years (varies by instrument type) | — | § 4-3-118 |
| Debt collection; rent arrears; replevin on secured property | 6 years | — | § 13-80-103.5(1)(a) |
| Domestic-violence civil actions | 6 years (max 20 years) | — | § 13-80-103.6 |
| Sexual misconduct (claims accruing on/after Jan 1, 2022) | No limitation | — | § 13-80-103.7; SB21-073 |
Accrual and Tolling Under Colorado Law
A statute of limitation doesn’t begin to run until a claim “accrues.” Under C.R.S. § 13-80-108, most Colorado civil claims accrue when the plaintiff knew or reasonably should have known of both the injury and its cause. This “discovery rule” applies to most tort and contract actions, though several categories have special rules:
- Fraud and misrepresentation: Accrual occurs upon discovery of the fraud or when it should have been discovered with reasonable diligence. (§ 13-80-108(3))
- Debt and promissory notes: Accrue when the debt becomes due. (§ 13-80-108(4))
- Open accounts: Accrue on the date of the last item or payment. (§ 13-80-108(5))
- Contracts: Accrue when the breach is or should have been discovered. (§ 13-80-108(6))
Because accrual depends on notice and reasonableness, it’s often a fact issue—but courts will decide it as a matter of law if the record clearly shows when discovery should have occurred.
Tolling the Limitation Period
Certain circumstances can pause or extend the limitations clock, though Colorado interprets tolling narrowly:
- Minority or legal disability: Time does not run while a plaintiff is under 18 or legally incompetent, up to a maximum extension of two years after the disability ends. (§ 13-81-103)
- Absence from the state: The period may be tolled while the defendant is not present and subject to service within Colorado. (§ 13-80-118)
- Fraudulent concealment: A defendant’s intentional concealment of material facts can toll the statute until discovery, especially in professional-malpractice and fraud contexts.
- Bankruptcy or automatic stay: Federal law may toll limitation periods while a stay is in place.
- Contractual tolling agreements: Parties may sometimes extend the period by written agreement, though these are strictly construed.
Repose vs. Tolling
Unlike a statute of limitation, a statute of repose is an absolute cutoff—it cannot be tolled for discovery, disability, or concealment except as the statute itself expressly provides. Common examples include the six-year construction-defect repose (§ 13-80-104) and the three-year medical-malpractice repose (§ 13-80-102.5).
Practice Note
Colorado courts require plaintiffs to plead facts showing timely accrual and tolling when a claim appears facially time-barred, and defendants should assert the statute of limitations affirmatively in the answer. When both limitation and repose apply, the earlier of the two governs.
