27-2-208. Actions for damages arising out of work on improvements to real property. (1) Except as provided in subsections (2) and (3), no action to recover damages (other than an action upon any contract, obligation, or liability founded upon an instrument in writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of or land surveying done in connection with any improvement to real property shall be commenced more than 10 years after completion of such improvement.
     (2) Notwithstanding the provisions of subsection (1), an action for such damages for an injury which occurred during the 10th year after such completion may be commenced within 1 year after the occurrence of such injury.
     (3) The limitation prescribed by this section shall not affect the responsibility of any owner, tenant, or person in actual possession and control of the improvement at the time a right of action arises.
     (4) As used in this section, the term "completion" means that degree of completion at which the owner can utilize the improvement for the purpose for which it was intended or when a completion certificate is executed, whichever is earlier.
     (5) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

     History: En. Secs. 1, 2, 3, 4, 5, Ch. 60, L. 1971; R.C.M. 1947, 93-2619, 93-2620, 93-2621, 93-2622, 93-2623.