2005 Idaho Code - 5-241 — ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY

                                   TITLE  5
                       PROCEEDINGS IN CIVIL ACTIONS IN
                               COURTS OF RECORD
                                  CHAPTER 2
                            LIMITATION OF ACTIONS
    5-241.  ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF
IMPROVEMENT TO REAL PROPERTY. 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:
    (a)  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.
    (b)  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 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.