Colorado Code § 13-80-108

When a cause of action accrues
Open in Lexace · Ask the AI about this section
(1) Except as provided in subsection (12)
of this section, a cause of action for injury to person, property, reputation, possession,
relationship, or status shall be considered to accrue on the date both the injury and its cause are
known or should have been known by the exercise of reasonable diligence.
(2) A cause of action for wrongful death shall be considered to accrue on the date of
death.
(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be
considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is
discovered or should have been discovered by the exercise of reasonable diligence.
(4) A cause of action for debt, obligation, money owed, or performance shall be
considered to accrue on the date such debt, obligation, money owed, or performance becomes
due.
(5) A cause of action for balance due on an open account for goods or services shall
accrue at the time of the last item of goods or services proved in such account.
(6) A cause of action for breach of any express or implied contract, agreement, warranty,
or trust shall be considered to accrue on the date the breach is discovered or should have been
discovered by the exercise of reasonable diligence.
(7) A cause of action for wrongful possession of personal property, goods, or chattels
shall accrue at the time the wrongful possession is discovered or should have been discovered by
the exercise of reasonable diligence.
(8) A cause of action for losses or damages not otherwise enumerated in this article shall
be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action
is discovered or should have been discovered by the exercise of reasonable diligence.
(9) A cause of action for penalties shall be deemed to accrue when the determination of
overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.
(10) A cause of action for recovery of erroneous or excessive refunds of any tax
administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue
issues said refund.
(11) A cause of action for a penalty for commission of a class A or a class B traffic
infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the
traffic infraction was committed.
(11.5) A cause of action for a penalty for commission of a civil infraction, as described
in section 16-2.3-101, is deemed to accrue on the date the civil infraction was committed.
(12) A cause of action for bodily injury or property damage arising out of the use or
operation of a motor vehicle accrues on the date that both the existence of the injury or damage
and the cause of the injury or damage are known or should have been known by the exercise of
reasonable diligence.
(13) A cause of action by the public employees' retirement association against an
employer for unpaid contributions shall accrue on the date the nonpayment of contributions is
discovered or should have been discovered by the exercise of reasonable diligence. This
subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.