§ 13-80-108 — When a cause of action accrues

Colorado § 13-80-108

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Limitations - Personal Actions

Text

(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.

Legislative History

Source: L. 86: Entire article R&RE, p. 699, � 1, effective July 1. L. 87: (10) added, p. 568, � 6, effective July 1; (11) added, p. 1495, � 3, effective July 1. L. 94: (1) amended and (12) added, p. 2826, � 4, effective July 1; (11) amended, p. 2550, � 35, effective January 1, 1995. L. 95: (13) added, p. 562, � 21, effective May 22. L. 2022: (11.5) added, (HB 22-1229), ch. 68, p. 340, � 8, effective March 1.