(a) Notwithstanding § 28-3-202, in the case of an injury to property or person or injury causing wrongful death, which injury occurred during the fourth year after substantial completion, an action, arbitration, or other binding dispute resolution proceeding to recover damages for the injury or wrongful death must be brought within one (1) year after the date on which the injury occurred, without respect to the date of death of the injured person.

Terms Used In Tennessee Code 28-3-203

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means an individual, corporation, partnership, business, trust, unincorporated organization, association or joint stock company. See Tennessee Code 28-3-201
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Substantial completion: means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which the owner can use the same for the purpose for which it was intended. See Tennessee Code 28-3-201
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The action, arbitration, or other binding dispute resolution proceeding must, in all events, be brought within five (5) years after the substantial completion of the improvement.
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