541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES OR
CONSTRUCTION TO IMPROVE REAL PROPERTY.
Subdivision 1. Limitation; service or construction of real property; improvements.
Except where fraud is involved, no action by any person in contract, tort, or otherwise to recover
damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising
out of the defective and unsafe condition of an improvement to real property, nor any action
for contribution or indemnity for damages sustained on account of the injury, shall be brought
against any person performing or furnishing the design, planning, supervision, materials, or
observation of construction or construction of the improvement to real property or against the
owner of the real property more than two years after discovery of the injury or, in the case of an
action for contribution or indemnity, accrual of the cause of action, nor, in any event shall such a
cause of action accrue more than ten years after substantial completion of the construction.
Date of substantial completion shall be determined by the date when construction is sufficiently
completed so that the owner or the owner's representative can occupy or use the improvement
for the intended purpose.
(b) For purposes of paragraph (a), a cause of action accrues upon discovery of the injury
or, in the case of an action for contribution or indemnity, upon payment of a final judgment,
arbitration award, or settlement arising out of the defective and unsafe condition.
(c) Nothing in this section shall apply to actions for damages resulting from negligence in
the maintenance, operation or inspection of the real property improvement against the owner or
other person in possession.
(d) The limitations prescribed in this section do not apply to the manufacturer or supplier
of any equipment or machinery installed upon real property.
Subd. 2. Action allowed; limitation.
Notwithstanding the provisions of subdivision 1, in
the case of an action which accrues during the ninth or tenth year after substantial completion
of the construction, an action to recover damages may be brought within two years after the
date on which the action accrued, but in no event may an action be brought more than 12 years
after substantial completion of the construction.
Subd. 3. Not construed.
Nothing in this section shall be construed as extending the period
prescribed by the laws of this state for the bringing of any action.
Subd. 4. Applicability.
For the purposes of actions based on breach of the statutory
warranties set forth in section
, or to actions based on breach of an express written
warranty, such actions shall be brought within two years of the discovery of the breach. In the
case of an action under section
, which accrues during the ninth or tenth year after the
warranty date, as defined in section
327A.01, subdivision 8
, an action may be brought within two
years of the discovery of the breach, but in no event may an action under section
brought more than 12 years after the effective warranty date.
History: 1965 c 564 s 1; 1977 c 65 s 8; 1980 c 518 s 2-4; 1986 c 444; 1986 c 455 s 92; 1988
c 607 s 1; 1990 c 555 s 13; 2004 c 196 s 1