Construction of improvement to real property; action for damages prohibited

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  • (a) Except as otherwise provided in this section, no action may be brought to recover damages from any person or entity performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than 7 years after the substantial completion of such improvement for any patent deficiency and not more than 14 years for any latent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property for any injury to property, real or personal, arising out of such patent or latent deficiency; or to the person or for wrongful death arising out of any such patent or latent deficiency.

  • (b) If, by reason of such patent or latent deficiency, an injury to property or person or an injury causing wrongful death occurs during the 7th or 14th year, respectively, after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than the 8 or 15 years, respectively, after the substantial completion of construction of such improvement.

  • (c) The limitation periods specified in subsection (b) shall commence upon substantial completion of the improvement, but not later than the date of the following, whichever first occurs:

    • (1) The date of final inspection by the Department of Planning and Natural Resources;

    • (2) The date of recordation of a valid notice of completion;

    • (3) The date of use or occupation of the improvement;

    • (4) One year after termination or cessation of work on the improvement.

  • (d) The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such 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 action.


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