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2018 Georgia Code 9-3-53 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 3. Limitations of Actions, 9-3-1 through 9-3-115.

ARTICLE 3 LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES

9-3-53. Period of limitations not extended.

Nothing in this article shall extend the period of limitations prescribed by the law of this state for the bringing of any action or shall postpone the time as of which a cause of action accrues.

(Ga. L. 1968, p. 127, § 3.)

Law reviews.

- For article discussing architect liability for product design and supervision of construction, and the statute of limitations, see 14 Ga. St. B.J. 164 (1978).

JUDICIAL DECISIONS

Cited in Benning Constr. Co. v. Lakeshore Plaza Enters., Inc., 240 Ga. 426, 241 S.E.2d 184 (1977); Landon v. Williams Bros. Concrete Co., 149 Ga. App. 699, 256 S.E.2d 99 (1979); Lumbermen's Mut. Cas. Co. v. Pattillo Constr. Co., 254 Ga. 461, 330 S.E.2d 344 (1985); Fort Oglethorpe Assocs. II v. Hails Constr. Co., 196 Ga. App. 663, 396 S.E.2d 585 (1990).

RESEARCH REFERENCES

ALR.

- Validity and construction, as to claim alleging design defects, of statute imposing time limitations upon action against architect or engineer for injury or death arising out of defective or unsafe condition of improvement to real property, 93 A.L.R.3d 1242.

Cases Citing O.C.G.A. § 9-3-53

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Lumbermen's Mut. Cas. Co. v. Pattillo Constr. Co., 330 S.E.2d 344 (Ga. 1985).

Cited 39 times | Published | Supreme Court of Georgia | May 30, 1985 | 254 Ga. 461

...ing out of any such deficiency . . . shall be brought against any person performing . . . design, planning, supervision . . . or construction of such an improvement more than eight years after substantial completion of such an improvement." [7] OCGA § 9-3-53 provides that "Nothing in this article shall extend the period of limitations prescribed by the law of this state for the bringing of any action or shall postpone the time as of which a cause of action accrues." This is a "statute of repose" as opposed to the usual statute of limitations....
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Ringewald v. Crawford W. Long Mem'l Hosp., 368 S.E.2d 490 (Ga. 1988).

Cited 17 times | Published | Supreme Court of Georgia | May 27, 1988 | 258 Ga. 302

...*305 The majority applies the literal method, but I believe this statute fits the mold of those requiring review under the standard old rule. The law as it existed before the enactment of OCGA § 9-3-72 imposed a two-year statute of limitations. OCGA § 9-3-53....