Tennessee Statutes
§ 28-3-205 — Limitation not defense under certain circumstances
Tennessee § 28-3-205
JurisdictionTennessee
Title28
This text of Tennessee § 28-3-205 (Limitation not defense under certain circumstances) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 28-3-205 (2026).
Text
(a)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 action, arbitration, or other binding dispute resolution proceeding.
(b)The limitation provided by this part is not available as a defense to any person who has been guilty of fraud in performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying, in connection with an improvement, or to any person who wrongfully conceals any such cause of action.
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Related
Prescott v. Adams
627 S.W.2d 134 (Court of Appeals of Tennessee, 1981)
Chrisman v. Hill Home Development, Inc.
978 S.W.2d 535 (Tennessee Supreme Court, 1998)
Harmon v. Angus R. Jessup Associates, Inc.
619 S.W.2d 522 (Tennessee Supreme Court, 1981)
Lonning v. Jim Walter Homes, Inc.
725 S.W.2d 682 (Court of Appeals of Tennessee, 1986)
Spence v. Miles Laboratories, Inc.
810 F. Supp. 952 (E.D. Tennessee, 1992)
Palazzo v. Harvey
380 F. Supp. 3d 723 (M.D. Tennessee, 2019)
Pridemark Custom Plating, Inc. v. Upjohn Co.
702 S.W.2d 566 (Court of Appeals of Tennessee, 1985)
Bernard v. Houston Ezell Corp.
968 S.W.2d 855 (Court of Appeals of Tennessee, 1997)
Henry v. Cherokee Construction & Supply Company, Inc.
301 S.W.3d 263 (Court of Appeals of Tennessee, 2009)
Brookridge Apartments, Ltd. v. Universal Constructors, Inc.
844 S.W.2d 637 (Court of Appeals of Tennessee, 1992)
Caldwell v. PBM PROPERTIES
310 S.W.3d 818 (Court of Appeals of Tennessee, 2009)
Michael Phillips v. Covenant Health
(Court of Appeals of Tennessee, 2015)
Keith Gillis v. Covenant Health
(Court of Appeals of Tennessee, 2015)
Connie Raby v. Covenant Health
(Court of Appeals of Tennessee, 2015)
Micah Noelle Lewellen v. Covenant Health
(Court of Appeals of Tennessee, 2015)
KMI Group, Inc. v. Wade Acres, LLC
(Court of Appeals of Tennessee, 2019)
Carolyn Coffman v. Armstrong International, Inc.
(Court of Appeals of Tennessee, 2019)
Rachel Maddox v. Olshan Foundation Repair And Waterproofing Co. Of Nashville, L.P.
(Court of Appeals of Tennessee, 2019)
Mary Ridenour v. Covenant Health
(Court of Appeals of Tennessee, 2015)
Joseph Riccardi v. Carl Little Construction Company, Inc
(Court of Appeals of Tennessee, 2021)
Legislative History
Amended by 2020 Tenn. Acts, ch. 749, s 41, eff. 7/1/2020. Acts 1965, ch. 353, § 4; T.C.A., § 28-317.
Nearby Sections
15
§ 28-1-101
§ 28-1-101§ 28-1-106
Accrual of right if person under eighteen years of age, adjudicated incompetent, or lacking capacity§ 28-1-107
Cases in which disability not an excuse§ 28-1-109
Suspension during injunction§ 28-1-111
Suspension during absence from state§ 28-1-112
Application of foreign statutes§ 28-1-113
Actions by state§ 28-1-114
Counterclaim or third party complaint§ 28-1-115
Dismissed federal court actionsCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 28-3-205, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/28-3-205.