What is the statute of limitations for contract claims in Colorado?

1. Written Contracts

Colorado Revised Statutes § 13-80-101(1)(a) provides a 3-year SOL for actions on contracts, except those covered by other provisions. Section 13-80-103.5(1)(a) provides a 6-year SOL for actions to recover a liquidated debt or determinable amount.

2. Oral Contracts

Oral contracts also use the 3-year SOL under § 13-80-101(1)(a), unless the debt is liquidated (then 6 years).

3. Sealed Instruments / Promissory Notes

Promissory notes for liquidated amounts use the 6-year SOL. Colorado abolished the common-law sealed-instrument distinction.

4. Sale of Goods (UCC Article 2)

C.R.S. § 4-2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts typically use the 6-year liquidated-debt SOL if the amount is fixed. Account stated likewise 6 years.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Colorado applies the discovery rule under § 13-80-108. SOL is tolled where the defendant fraudulently concealed the cause of action.

8. Tolling

C.R.S. § 13-81-103 tolls for minority and mental incompetency. SCRA tolls for active military service. Defendant absence from Colorado may toll under § 13-80-118.

9. Contractual Modification of SOL

Colorado permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

C.R.S. § 13-80-110 borrows the shorter SOL when the cause of action accrued in another state.

This is legal information, not legal advice.