2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 3 - Limitations on Recovery for Deficiencies Connected With Improvements to Realty and Resulting Injuries
§ 9-3-51. Limitations on Recovery for Deficiency in Planning, Supervising, or Constructing Improvement to Realty or for Resulting Injuries to Property or Person

1. No action to recover damages:
   1. For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property;
   2. For injury to property, real or personal, arising out of any such deficiency; or
   3. For injury to the person or for wrongful death arising out of any such deficiency

      shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement.

2. Notwithstanding subsection (a) of this Code section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than ten years after the substantial completion of construction of such an improvement.
3. This Code section shall not apply to actions for breach of contract, including, but not limited to, actions for breach of express contractual warranties.

(Ga. L. 1968, p. 127, §§ 1, 2; Ga. L. 2020, p. 37, § 1/SB 451.)

The 2020 amendment, effective July 1, 2020, added subsection (c). See Editor's notes for applicability.

- Ga. L. 2020, p. 37, § 2/SB 451, not codified by the General Assembly, provides that: "This Act shall apply to causes of action which have accrued on or after January 1, 1968."

- For article discussing architect liability for product design and supervision of construction, and the statute of limitations, see 14 Ga. St. B.J. 164 (1978). For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991). For annual survey of construction law, see 62 Mercer L. Rev. 71 (2010). For article, "Construction Law," see 63 Mercer L. Rev. 107 (2011). For note, "The Effect of Georgia's Architectural Statutes of Limitations on Real and Personal Property Claims for Negligent Construction," see 7 Ga. St. U.L. Rev. 137 (1990).

ANALYSIS

• General Consideration
• Application

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Building and Construction Contracts, § 115 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 131, 142, 145 et seq., 167.

Improper or Defective Wiring as Cause of Fire, 47 POF2d 451.

- 54 C.J.S., Limitation of Actions, § 64 et seq.

- Provision of death statute as to time of bringing action as a condition of the right of action or as a mere statute of limitations, 67 A.L.R. 1070.

Complaint or declaration which fails to allege that action for wrongful death was brought within statutory period, or affirmatively shows that it was not, as subject to demurrer, 107 A.L.R. 1048.

Exceptions attaching to limitation prescribed by death statutes or survival statutes allowing recovery of damages for death, 132 A.L.R. 292.

Amendment of complaint or declaration by setting up death statute after expiration of period to which action is limited by the death statute or by the statute of limitations, 134 A.L.R. 779.

Time for which statute of limitations begins to run against cause of action for wrongful death, 97 A.L.R.2d 1151.

Construction and operation of parking-space provision in shopping-center lease, 56 A.L.R.3d 596.

Right to amend pending personal injury action by including action for wrongful death after statute of limitations has run against independent death action, 71 A.L.R.3d 933.

When statute of limitations begins to run on negligent design claim against architect, 90 A.L.R.3d 507.

Products liability: what statute of limitations governs actions based on strict liability in tort, 91 A.L.R.3d 455.

Validity and construction, as to claim alleging design defects, of statute imposing time limitations upon action against architect or engineer for injury or death arising out of defective or unsafe condition of improvement to real property, 93 A.L.R.3d 1242.

Statutes of limitation: actions by purchasers or contractees against vendors or contractors involving defects in houses or other buildings caused by soil instability, 12 A.L.R.4th 866.

Time of discovery as affecting running of statute of limitations in wrongful death action, 49 A.L.R.4th 972.

What constitutes "improvement to real property" for purposes of statute of repose or statute of limitations, 122 A.L.R.5th 1.

Fraud, misrepresentation, or deception as estopping reliance on nonmedical malpractice statutes of repose, 98 A.L.R.6th 417.