Smith v. Executive Custom Homes, Inc.

I. Introduction

Judith A. Smith and her husband James R. Smith, plaintiff-appellants below, petitioned for review of the court of appeals’ judgment in Smith v. Executive Custom Homes, Inc., 209 P.3d 1175 (Colo.App.2009). The Smiths sought review of the court of appeals’ holding that their claims for personal injuries under *1188the Construction Defect Action Reform Act (“CDARA”) began to accrue, for purposes of the CDARA’s two-year statute of limitations, on the date the Smiths discovered the construction defect that later allegedly caused Judith Smith’s injury. Executive Custom Homes, Inc.…