Section 28-01-44 - Limitation of action - Person submitting plans for improvements to real estate1. No action, whether in contract, oral or written, in tort or otherwise, to recover damages: a. For any deficiency in the design, planning, supervision, or observation of construction or construction of an improvement to real property;b. For injury to property, real or personal, arising out of any such deficiency; orc. For injury to the person or for wrongful death arising out of any such deficiency,may be brought against any person performing or furnishing the design, planning, supervision, or observation of construction, or construction of such an improvement more than ten years after substantial completion of such an improvement.
2. Notwithstanding the provisions of subsection 1, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the tenth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than twelve years after the substantial completion of construction of such an improvement. Nothing in this section may be construed as extending the period prescribed by the laws of this state for the bringing of any action.
3. The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.4. As used in this section, the term "person" means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.