5-241. ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows:
(a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and
(b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.
(2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.
(3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.
(4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.
History:
[5-241, added 1965, ch. 101, sec. 1, p. 187; am. 2022, ch. 111, sec. 1, p. 368.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 2 - LIMITATION OF ACTIONS
Section 5-201 - LIMITATIONS IN GENERAL.
Section 5-202 - ACTIONS BY STATE.
Section 5-203 - ACTION TO RECOVER REALTY.
Section 5-204 - ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS.
Section 5-205 - EFFECT OF ENTRY.
Section 5-206 - CONSTRUCTIVE POSSESSION.
Section 5-207 - POSSESSION UNDER WRITTEN CLAIM OF TITLE.
Section 5-208 - CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED.
Section 5-209 - POSSESSION UNDER ORAL CLAIM OF TITLE.
Section 5-210 - ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.
Section 5-211 - POSSESSION OF TENANT — PRESUMPTIONS.
Section 5-212 - DESCENT CAST DOES NOT AFFECT RIGHT.
Section 5-213 - PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.
Section 5-214 - ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.
Section 5-214A - ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.
Section 5-215 - ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY.
Section 5-216 - ACTION ON WRITTEN CONTRACT.
Section 5-217 - ACTION ON ORAL CONTRACT.
Section 5-218 - STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD.
Section 5-220 - ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS.
Section 5-221 - ACTIONS ON CLAIMS AGAINST COUNTY.
Section 5-222 - ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE.
Section 5-223 - ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION.
Section 5-224 - ACTIONS FOR OTHER RELIEF.
Section 5-225 - LIMITATIONS APPLY TO STATE.
Section 5-226 - ACTION TO REDEEM MORTGAGE.
Section 5-227 - PARTIAL REDEMPTION.
Section 5-228 - ACTION, WHEN COMMENCED.
Section 5-228A - TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.
Section 5-229 - ABSENCE OF DEFENDANT FROM STATE.
Section 5-230 - PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.
Section 5-232 - ALIENS IN TIME OF WAR.
Section 5-233 - REVERSAL OF JUDGMENT — NEW ACTION.
Section 5-234 - ACTION STAYED BY INJUNCTION OR STATUTE.
Section 5-235 - WHEN DISABILITY MUST EXIST.
Section 5-236 - COEXISTING DISABILITIES.
Section 5-237 - ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.
Section 5-239 - ACTIONS BARRED IN ANOTHER STATE.
Section 5-240 - “ACTION” INCLUDES SPECIAL PROCEEDING.
Section 5-242 - IONIZING RADIATION INJURIES — PURPOSE OF ACT.
Section 5-243 - LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.
Section 5-244 - LATENT INJURY — EFFECT OF PRIOR RECOVERY.
Section 5-245 - ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.