Statute of limitations; applicable to injury or wrongful death
occurring during ninth or tenth year after substantial completion
Sec. 6. (a) Notwithstanding section 5 of this chapter, if an injury
to or wrongful death of a person occurs during the ninth or tenth year
after substantial completion of an improvement to real property, an
action in tort to recover damages for the injury or wrongful death
may be brought within two (2) years after the date on which the
injury occurred, irrespective of the date of death.
(b) However, an action may not be brought more than:
(1) twelve (12) years after the substantial completion of
construction of the improvement; or
(2) fourteen (14) years after the completion and submission of
plans and specifications to the owner, if the action is for a
deficiency in design;
whichever comes first.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006