Tennessee § 28-3-203 - Injury during fourth year after completion — Limitation of action.

§ 28-3-203. Injury during fourth year after completion — Limitation of action.

Notwithstanding § 28-3-202, in the case of an injury to property or person or injury causing wrongful death, which injury occurred during the fourth year after substantial completion, an action, arbitration, or other binding dispute resolution proceeding to recover damages for the injury or wrongful death must be brought within one (1) year after the date on which the injury occurred, without respect to the date of death of the injured person. The action, arbitration, or other binding dispute resolution proceeding must, in all events, be brought within five (5) years after the substantial completion of the improvement. Acts 1965, ch. 353, § 2; T.C.A., § 28-315; Acts 2020, ch. 749, § 39. Compiler's Notes. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020. Amendments. The 2020 amendment substituted “, arbitration, or other binding dispute resolution proceeding” for “in court” in (a); in (b), substituted “The action, arbitration, or other binding dispute resolution proceeding must” for “Such action shall”; and made stylistic changes. Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020. Law Reviews. Accrual of Cause of Action in Products Liability and Other Tort Action, 42 Tenn. L. Rev. 593. Statutes of Limitations — Personal Injury, Property Damage and Breach of Warranty, 8 Mem. St. U.L. Rev. 803.