C.R.S. 13-20-803.5 states that a claimant shall send or deliver a written notice of claim to the construction professional by certified mail or by personal service, no later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property.

The claimant shall provide the construction professional and its contractors reasonable access to the claimant’s property during normal working hours to inspect the property and the claimed defect.  The inspection shall be completed within thirty days of service of the notice.

The construction professional may send or deliver to the claimant an offer to settle the claim by payment of a sum or by agreeing to remedy the claimed defect within thirty days following the completion of the inspection process, or within forty-five days following the completion of the inspection process in the case of a commercial property.  A written offer to remedy the construction defect shall include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect and a timetable for the completion of the remedial construction work.

The offer shall be deemed to have been rejected unless the claimant accepts it in writing within fifteen days of the delivery of the offer.  If an offer to settle is accepted then the monetary settlement shall be paid in accordance with the offer.  If no offer is made by the construction professional or if the claimant rejects an offer, the claimant may bring an action against the construction professional for the construction defect claim.

If the parties have contractually agreed to a mediation procedure, the mediation procedure shall be satisfied prior to bringing an action.  If an offer by a construction professional is made and accepted, and if the construction professional does not comply with its offer to remedy or settle a claim for a construction defect, the claimant may file an action against the construction professional for claims arising out of the defect or damage without further notice.