§ 32-30-1-5 — Statute of limitations; general rule

(a) As used in this section, "designer" means
a person who:
(1) designs, plans, supervises, or observes the construction of an
improvement to real property; or
(2) constructs an improvement to real property.
(b) As used in this section, "possessor" means a person having
ownership, possession, or control of real property at the time an alleged
deficiency in an improvement to the real property causes injury or
wrongful death.
(c) As used in this section, "deficiency" does not mean a failure by
a possessor to use reasonable care to maintain an improvement to real
property following a substantial completion of an improvement.
(d) An action to recover damages, whether based upon contract, tort,
nuisance, or another legal remedy, for:
(1) a deficiency or an alleged deficiency in the design, planning,
supervision, construction, or observation of construction of an
improvement to real property;
(2) an injury to real or personal property arising out of a
deficiency; or
(3) an injury or wrongful death of a person arising out of a
deficiency;
may not be brought against a designer or possessor unless the action is
commenced within the earlier of ten (10) years after the date of
substantial completion of the improvement or twelve (12) years after
the completion and submission of plans and specifications to the owner
if the action is for a deficiency in the design of the improvement.
[Pre-2002 Recodification Citation: 32-15-1-2.]

Legislative History

As added by P.L.2-2002, SEC.15. Amended by P.L.79-2005, SEC.1.