The limitations contained in this chapter may not be asserted as a defense by any person who is guilty of fraud, fraudulent concealment, fraudulent misrepresentations, or willful or wanton misconduct, in furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of improvements to real property.
S.D. Codified Laws § 15-2A-7
Persons guilty of fraud or willful misconduct may not assert limitation
Applied in 4 court decisions — leading case Cleveland v. BDL Enterprises, Inc. (2003)
Most recently applied in Hoven v. Banner Associates, Inc. (July 2023)
Source: SL 1985, ch 156, § 7.
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.