|
|
|
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.
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Repealed
(Repealed by P.L.79-2005, SEC.2.)