Thursday, January 14, 2010
In Thermo Development, Inc. v. Central Masonry Corp., 195 P.3d 1166 (Colo. App. 2008), the developers brought an action for contribution and indemnity against masonry and plaster subcontractors upon settling a water intrusion claim asserted by a condominium owner and condominium association. The developers argued that C.R.S. § 13-80-104(1)(b)(II)(B) permitted them to file claims against the subcontractors within ninety days of settling the underlying claims regardless of whether the applicable six-year statute of repose had expired. In response, the subcontractors argued that the ninety-day tolling provision provided by the statute served only to toll the statute of limitations, and not the statute of repose. The trial court agreed that the ninety-day tolling provision applied to the statute of limitations only and the developers appealed.