Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Colorado
How long you have to sue over a broken written contract in Colorado, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Colorado
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Colorado | What it means |
|---|---|---|
| Standard deadline | 3 years | The general limitations period to file a written-contract claim. |
| Statute | Colo. Rev. Stat. §13-80-101 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
Colorado is unusual: the clock starts when the breach is discovered or reasonably should have been discovered, not automatically at the breach, under C.R.S. §13-80-108. That built-in discovery rule can push the start date later than the day the contract was broken.
Discovery rule Yes
Yes. Colorado applies a statutory discovery rule to contract claims: a breach accrues on the date it is discovered or should have been discovered by reasonable diligence, under C.R.S. §13-80-108. This is broader than the narrow rule most states use for contracts.
Statute of repose: None
No general statute of repose for ordinary written contracts. The three-year or six-year period runs from discovery under §13-80-108. Construction and improvements to real property carry their own separate outer limits, but those are not the general contract clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Liquidated debt or instrument for money | 6 years | A liquidated debt or an unliquidated but determinable amount, and instruments for the payment of money, get six years under C.R.S. §13-80-103.5 rather than three. Many written contracts for a fixed sum fall here, so this longer period is the key exception to watch. |
| Oral or unwritten contract | 3 years | Colorado does not shorten oral contracts as a class. The general three-year period in §13-80-101 applies to written and oral contracts alike, though a liquidated oral debt can still reach the six-year period. The harder problem with an oral deal is proving its terms. |
| Sale of goods (UCC) | 4 years | A contract for the sale of goods is governed by C.R.S. §4-2-725: four years from when the breach occurs, with warranty claims accruing at delivery regardless of your knowledge. Classify the deal carefully, since this differs from the general three-year rule. |
What you can do right now
Concrete, neutral steps if a contract was broken in Colorado and the clock is running. This is legal information, not legal advice.
- Fix the breach date and identify the type of contract
Write down when the other side broke the agreement. A general written contract carries three years under §13-80-101, but a liquidated debt or an instrument for the payment of money gets six years under §13-80-103.5, so the kind of contract sets the deadline.
- Check when you discovered the breach
Colorado starts the clock when the breach was discovered or reasonably should have been under §13-80-108, not automatically at the breach. Note when you learned of it, because that date can move your deadline later than the day of the breach.
- If goods were sold, check the UCC clock
A sale of goods runs on C.R.S. §4-2-725, a four-year rule that accrues at delivery for warranty claims. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to a Colorado attorney before the deadline
Whether your contract is a general agreement or a liquidated debt, and when discovery occurred, decide between three and six years. A licensed Colorado attorney can confirm your exact deadline. The state bar can refer you to one.
This is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Colorado contract claimants get wrong
Colorado does not split contracts by written versus oral the way many states do, but it hides a different trap: the deadline depends on what kind of debt the contract creates. A general contract claim carries three years under C.R.S. §13-80-101, and that same three years applies whether the deal was written or oral. But a liquidated debt or an instrument for the payment of money gets six years under §13-80-103.5, and many written contracts for a fixed sum fall into that longer category. So the first question is not whether your contract was written, but whether it is for a determinable amount of money. Colorado also runs its clock differently from most states. Under §13-80-108 the period starts when the breach is discovered or reasonably should have been, not automatically at the breach, which can push your deadline later. A sale of goods follows its own four-year rule in §4-2-725. If a deadline is near, classify the debt and pin down the discovery date.
Common questions
What is the statute of limitations on a written contract in Colorado?
Most contract claims carry three years under C.R.S. §13-80-101. A liquidated debt or an instrument for the payment of money instead gets six years under §13-80-103.5, so a written contract for a fixed sum often has the longer period.
How long do I have to sue on an oral contract in Colorado?
Generally three years under §13-80-101, the same as a general written contract. Colorado does not shorten oral contracts as a class, though a liquidated oral debt can still reach the six-year period under §13-80-103.5.
Does the clock start at the breach or when I found out?
When you found out, in Colorado. Under C.R.S. §13-80-108 a contract claim accrues on the date the breach is discovered or reasonably should have been discovered, which is broader than the narrow discovery rule most states use.
Is a contract to buy goods still three years in Colorado?
No, it is four years under the UCC. A sale of goods is governed by C.R.S. §4-2-725, a four-year period that accrues at delivery for warranty claims regardless of your knowledge. That differs from the general three-year contract rule.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.