§ 28-3-203. Injury During Fourth Year After Completion — Limitation of Action
Notwithstanding § 28-3-202, in the case of an injury to property or person or injury causing wrongful death, which injury occurred during the fourth year after substantial completion, an action, arbitration, or other binding dispute resolution proceeding to recover damages for the injury or wrongful death must be brought within one (1) year after the […]
§ 28-3-204. Periods Otherwise Fixed Not Extended — New Cause of Action Not Created
This part does not extend the period or periods provided by the laws of this state or by agreement between the parties for the bringing of any action, arbitration, or other binding dispute resolution proceeding. This part does not create any cause of action not previously existing or recognized.
§ 28-3-205. Limitation Not Defense Under Certain Circumstances
The limitation provided by this part must not be asserted as a defense by any person in actual possession or the control, as owner, tenant, or otherwise, of an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an […]
§ 28-3-301. Collection or Reimbursement for Underpayments or Overpayments — Electrical Service
Notwithstanding any other law to the contrary, if kilowatt usage is inaccurately recorded or registered due to equipment failure and results in a customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality or electric company shall be authorized to collect or assess a charge […]
§ 28-3-302. Collection or Reimbursement for Underpayments or Overpayments — Water or Sewer Service
Notwithstanding any other provision of law to the contrary, if gallonage for water or sewer service or both is inaccurately recorded or registered due to equipment failure and results in the customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality, or water or sewer […]
§ 28-3-303. Collection or Reimbursement for Underpayments or Overpayments — Gas Service
Notwithstanding any other provision of law to the contrary, if cubic feet for gas service is inaccurately recorded or registered due to equipment failure and results in the customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality, or gas system or company shall be […]
§ 28-3-304. Collection or Reimbursement for Underpayments or Overpayments — Solid Waste, Garbage or Refuse Collection or Disposal
Notwithstanding any other provision of law to the contrary, a municipality shall not refund an overpayment or collect amounts owed to the municipality as a result of an underpayment or nonpayment of any charge or fee imposed for solid waste, garbage, or refuse collection or disposal services if such overpayment, underpayment, or nonpayment is more […]
§ 28-3-116. Action for Injury or Illness Based on Child Sexual Abuse
As used in this section, unless the context otherwise requires: “Child sexual abuse” means any act set out in § 37-1-602(a)(3), that occurred when the victim was a minor; “Discovery” means when the injured person becomes aware that the injury or illness was caused by child sexual abuse. Discovery that the injury or illness was […]
§ 28-3-201. Part Definitions
As used in this part, the terms set out hereinbelow are defined as follows: “Person” means an individual, corporation, partnership, business, trust, unincorporated organization, association or joint stock company; and “Substantial completion” means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as […]
§ 28-3-202. Limitation of Actions
All actions, arbitrations, or other binding dispute resolution proceedings to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of an improvement to real property, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising […]