§ 15-2A-1 Legislative findings–Ten-year limitation–Exceptions
§ 15-2A-2 Legislative intent
§ 15-2A-3 Time for bringing action–Date of substantial completion
§ 15-2A-4 Persons in control of improvement may not assert limitation
§ 15-2A-5 Injuries occurring in tenth year
§ 15-2A-6 Periods otherwise prescribed not extended–Cause of action not created
§ 15-2A-7 Persons guilty of fraud or willful misconduct may not assert limitation
§ 15-2A-8 Express warranty or guaranty
§ 15-2A-9 Tolling provisions

Terms Used In South Dakota Codified Laws > Title 15 > Chapter 2A - Limitation of Actions for Construction Deficiencies

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.