Public-domain · open source
OpenJurist

Idaho Code § 5-241

Accrual of actions arising out of the design or construction of improvement to real property

Applied in 9 court decisions — leading case Rose v. Fox Pool Corp. (1994)

Most recently applied in Nerco Minerals Co. v. Morrison Knudsen Corp. (April 2004)

I.C., § 5-241, as added by 1965, ch. 101, § 1, p. 187.

How often courts cite this section

1972198019902000200420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property, as follows:

(1) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement.

(2) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.

The times fixed by these sections [this section] shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.

Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

As used in this section, the term “person” shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.