CHAPTER 1. STATUTE OF LIMITATIONS IN ACTIONS CONCERNING REAL ESTATE
IC 32-30
ARTICLE 30. CAUSES OF ACTION CONCERNING
REAL PROPERTY
IC 32-30-1
Chapter 1. Statute of Limitations in Actions Concerning Real
Estate
IC 32-30-1-1
"Person" defined
Sec. 1. As used in this chapter, "person" means an individual, a
partnership, an association, a limited liability company, a
corporation, a business trust, a joint stock company, or an
unincorporated organization.
As added by P.L.2-2002, SEC.15.
IC 32-30-1-2
"Contract" defined
Sec. 2. As used in this chapter, "contract" means an oral or a
written contract.
As added by P.L.2-2002, SEC.15.
IC 32-30-1-3
"Tort" defined
Sec. 3. As used in this chapter, "tort" means an injury to person or
property caused by a means other than a breach of contract.
As added by P.L.2-2002, SEC.15.
IC 32-30-1-4
"Date of substantial completion" defined
Sec. 4. As used in this chapter, "date of substantial completion"
means the earlier of:
(1) the date upon which construction of an improvement to real
property is sufficiently completed under a contract of
construction, as modified by any additions, deletions, or other
amendments, so that the owner of the real property upon which
the improvement is constructed can occupy and use the
premises in the manner contemplated by the terms of the
contract; or
(2) the date of the first beneficial use of the improvement to real
property or of any portion of the improvement.
As added by P.L.2-2002, SEC.15.
IC 32-30-1-5
Statute of limitations; general rule
Sec. 5. (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.
As added by P.L.2-2002, SEC.15. Amended by P.L.79-2005, SEC.1.
IC 32-30-1-6
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.
IC 32-30-1-7
Repealed
(Repealed by P.L.79-2005, SEC.2.)