(1) (a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section 13-80-102 after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), a claim for relief arises under this section at the time the claimant or the claimant's predecessor in interest discovers or in the exercise of reasonable diligence should have discovered the physical manifestations of a defect in the improvement which ultimately causes the injury.
(II) Notwithstanding the provisions of paragraph (a) of this subsection (1), all claims, including, but not limited to indemnity or contribution, by a claimant against a person who is or may be liable to the claimant for all or part of the claimant's liability to a third person:
Arise at the time the third person's claim against the claimant is settled or at the timefinal judgment is entered on the third person's claim against the claimant, whichever comes first; and
Shall be brought within ninety days after the claims arise, and not thereafter.
(c) Such actions shall include any and all actions in tort, contract, indemnity, or contribution, or other actions for the recovery of damages for:
Any deficiency in the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property; or
Injury to real or personal property caused by any such deficiency; or(III) Injury to or wrongful death of a person caused by any such deficiency.
In case any such cause of action arises during the fifth or sixth year after substantialcompletion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises.
The limitations provided by this section shall not be asserted as a defense by anyperson in actual possession or control, as owner or tenant or in any other capacity, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or damage for which it is proposed to bring an action.
Source: L. 86: Entire article R&RE, p. 697, § 1, effective July 1. L. 2001: (1)(b) amended, p. 390, § 2, effective August 8.
Editor's note: This section is similar to former § 13-80-127 as it existed prior to 1986.