Tennessee § 28-3-205 - Limitation not defense under certain circumstances.

§ 28-3-205. Limitation not defense under certain circumstances.

The limitation provided by this part must not be asserted as a defense by any person in actual possession or the control, as owner, tenant, or otherwise, of an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action, arbitration, or other binding dispute resolution proceeding. The limitation provided by this part is not available as a defense to any person who has been guilty of fraud in performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying, in connection with an improvement, or to any person who wrongfully conceals any such cause of action. Acts 1965, ch. 353, § 4; T.C.A., § 28-317; Acts 2020, ch. 749, § 41. 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 added “, arbitration, or other binding dispute resolution proceeding.” in (a); and substituted “provided by this part is not available” for “hereby provided shall not be available” in (b). Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020. Law Reviews. Accrual of Cause of Action in Products Liability and Other Tort Actions, 42 Tenn. L. Rev. 593. Statutes of Limitations — Personal Injury, Property Damage and Breach of Warranty, 8 Mem. St. U.L. Rev. 803.