TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 2

LIMITATION OF ACTIONS

5-241.  Accrual of actions arising out of the design or construction of improvement to real property. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows:

(a)  Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and

(b)  Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.

(2)  The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.

(3)  Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

(4)  As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.

History:

[5-241, added 1965, ch. 101, sec. 1, p. 187; am. 2022, ch. 111, sec. 1, p. 368.]