28-3-205 - Limitation not defense for party in possession, guilty of fraud, or who conceals cause of action.
28-3-205. Limitation not defense for party in possession, guilty of fraud, or who conceals cause of action.
(a) The limitation provided by this part shall not be asserted as a 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 such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
(b) The limitation hereby provided shall not be available as a defense to any person who shall have been guilty of fraud in performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying, in connection with such an improvement, or to any person who shall wrongfully conceal any such cause of action.
[Acts 1965, ch. 353, § 4; T.C.A., § 28-317.]