§ 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 […]
§ 28-3-202. 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 […]
§ 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 […]