IC 32-30
    ARTICLE 30. CAUSES OF ACTION CONCERNINGREAL PROPERTY

IC 32-30-1
    Chapter 1. Statute of Limitations in Actions Concerning RealEstate

IC 32-30-1-1
"Person" defined
    Sec. 1. As used in this chapter, "person" means an individual, apartnership, an association, a limited liability company, acorporation, a business trust, a joint stock company, or anunincorporated organization.
As added by P.L.2-2002, SEC.15.

IC 32-30-1-2
"Contract" defined
    Sec. 2. As used in this chapter, "contract" means an oral or awritten contract.
As added by P.L.2-2002, SEC.15.

IC 32-30-1-3
"Tort" defined
    Sec. 3. As used in this chapter, "tort" means an injury to person orproperty caused by a means other than a breach of contract.
As added by P.L.2-2002, SEC.15.

IC 32-30-1-4
"Date of substantial completion" defined
    Sec. 4. As used in this chapter, "date of substantial completion"means the earlier of:
        (1) the date upon which construction of an improvement to realproperty is sufficiently completed under a contract ofconstruction, as modified by any additions, deletions, or otheramendments, so that the owner of the real property upon whichthe improvement is constructed can occupy and use thepremises in the manner contemplated by the terms of thecontract; or
        (2) the date of the first beneficial use of the improvement to realproperty or of any portion of the improvement.
As added by P.L.2-2002, SEC.15.

IC 32-30-1-5
Statute of limitations; general rule
    Sec. 5. (a) As used in this section, "designer" means a personwho:
        (1) designs, plans, supervises, or observes the construction of animprovement to real property; or
        (2) constructs an improvement to real property.    (b) As used in this section, "possessor" means a person havingownership, possession, or control of real property at the time analleged deficiency in an improvement to the real property causesinjury or wrongful death.
    (c) As used in this section, "deficiency" does not mean a failureby a possessor to use reasonable care to maintain an improvement toreal property following a substantial completion of an improvement.
    (d) An action to recover damages, whether based upon contract,tort, nuisance, or another legal remedy, for:
        (1) a deficiency or an alleged deficiency in the design, planning,supervision, construction, or observation of construction of animprovement to real property;
        (2) an injury to real or personal property arising out of adeficiency; or
        (3) an injury or wrongful death of a person arising out of adeficiency;
may not be brought against a designer or possessor unless the actionis commenced within the earlier of ten (10) years after the date ofsubstantial completion of the improvement or twelve (12) years afterthe completion and submission of plans and specifications to theowner if the action is for a deficiency in the design of theimprovement.
As added by P.L.2-2002, SEC.15. Amended by P.L.79-2005, SEC.1.

IC 32-30-1-6
Statute of limitations; applicable to injury or wrongful deathoccurring during ninth or tenth year after substantial completion
    Sec. 6. (a) Notwithstanding section 5 of this chapter, if an injuryto or wrongful death of a person occurs during the ninth or tenth yearafter substantial completion of an improvement to real property, anaction in tort to recover damages for the injury or wrongful deathmay be brought within two (2) years after the date on which theinjury occurred, irrespective of the date of death.
    (b) However, an action may not be brought more than:
        (1) twelve (12) years after the substantial completion ofconstruction of the improvement; or
        (2) fourteen (14) years after the completion and submission ofplans and specifications to the owner, if the action is for adeficiency in design;
whichever comes first.
As added by P.L.2-2002, SEC.15.

IC 32-30-1-7
Repealed
    (Repealed by P.L.79-2005, SEC.2.)