Title 15 — CIVIL PROCEDURE
48 chapters · 792 sections in this title.
SDCL § 15-2A-1 Legislative findings--Ten - year limitation--Exceptions
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The Legislature finds that subsequent to the completion of construction, persons involved in the planning, design, and construction of improvements to real estate lack control over the determination of the need for, the undertaking of and the responsibility for maintenance, and l…
SDCL § 15-2A-10 Prospective application
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This chapter is prospective in application. Source: SL 1985, ch 156 , § 11.
SDCL § 15-2A-2 Legislative intent
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The Legislature intends that this chapter shall bar any action for defects, unsafe conditions, errors, and omissions in the planning, designing, and construction of improvements to real estate after the times limited in this chapter, subject to the exceptions described in this ch…
SDCL § 15-2A-3 Time for bringing action--Date of substantial completion
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No action to recover damages for any injury to real or personal property, for personal injury or death arising out of any deficiency in the design, planning, supervision, inspection, and observation of construction, or construction, of an improvement to real property, nor any act…
SDCL § 15-2A-4 Persons in control of improvement may not assert limitation
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The limitation in § 15-2A-3 may not be asserted by way of defense by any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it…
SDCL § 15-2A-5 Injuries occurring in tenth year
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Notwithstanding the provisions of § 15-2A-3 , in the case of such an injury to property or the person or such an injury causing death, which injury occurred during the tenth year after the substantial completion of such construction, an action to recover damages for such an injur…
SDCL § 15-2A-6 Periods otherwise prescribed not extended--Cause of action not created
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Nothing in §§ 15-2A-3 to 15-2A-5 , inclusive, may be construed as extending the period prescribed by the laws of this state or any agreement of the parties, nor may anything in this chapter be construed to create any cause of action not heretofore existing or recognized. Source: …
SDCL § 15-2A-7 Persons guilty of fraud or willful misconduct may not assert limitation
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The limitations contained in this chapter may not be asserted as a defense by any person who is guilty of fraud, fraudulent concealment, fraudulent misrepresentations, or willful or wanton misconduct, in furnishing the design, planning, supervision, inspection, and observation of…
SDCL § 15-2A-8 Express warranty or guaranty
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The limitations prescribed in this chapter do not prohibit any action against a defendant who has expressly warranted or guaranteed the improvement to real property for a longer period from being brought within that period. Source: SL 1985, ch 156 , § 8.
SDCL § 15-2A-9 Tolling provisions
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The tolling provisions set forth in § 15-2-22 apply to this chapter. Source: SL 1985, ch 156 , § 9.