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:

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Terms Used In Indiana Code 32-30-1-6

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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. See Indiana Code 32-30-1-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.

[Pre-2002 Recodification Citation: 32-15-1-3.]

As added by P.L.2-2002, SEC.15.