Idaho Code
Idaho Code § 5-241 (2026)
Accrual of actions arising out of the design or construction of improvement to real property.
✓ current as of May 2026
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Accrual of actions arising out of the design or construction of improvement to real property.
(1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows:
(a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and
(b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.
(2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.
(3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.
(4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1973–2024 · leading case: Stephens v. Stearns, 678 P.2d 41 (Idaho 1984).
Stephens v. Stearns, 678 P.2d 41 (Idaho 1984). “Albanese argues however, that such an analysis was unnecessary because I.C. § 5-241 does not apply to the facts in this case.”
Twin Falls Clinic & Hosp. Bldg. Corp. v. Hamill, 644 P.2d 341 (Idaho 1982). “The trial court held that the contractual cause of action was barred five years after completion of the work, I.C. §§ 5-241, 5-216, 5-201, the tort cause of action was barred eight years after completion of the work, I.”
West v. El Paso Prods. Co., 832 P.2d 306 (Idaho 1992). “Idaho Code § 5-241 provides in relevant part: Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an…”
Petrus Fam. Trust Dated May 1, 1991 v. Kirk, 415 P.3d 358 (Idaho 2018). “Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.”
Stapleton v. Jack Cushman Drilling & Pump Co., 291 P.3d 418 (Idaho 2012). “Idaho Code section 5-421 specifies when a cause of action accrues and the statute of limitations begins to run “as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property.”
Nerco Minerals Co. v. Morrison Knudsen Corp., 90 P.3d 894 (Idaho 2004). “In the alternative, MK requested that the district court reconsider its previous ruling as to the interpretation and application of Idaho Code § 5-241 (b), which resulted in the denial of MK’s motion for Summary Judgment as to the contract claim.”
J.R. Simplot Co. v. Chemetics Int'l, Inc., 887 P.2d 1039 (Idaho 1994). “Idaho Code § 5-241 (b) clearly prescribes the date on which actions founded on construction contracts accrue.”
Theriault v. AH Robins Co., Inc., 698 P.2d 365 (Idaho 1985). “In Twin Falls Clinic, supra, this Court upheld the classification I.C. § 5-241 makes in affording architects and builders special protection while denying owners, occupants, and suppliers of the same buildings worked on similar protection.”
Hibbler v. Fisher, 712 P.2d 708 (Idaho Ct. App. 1985). “Therefore, the accrual provisions of I.C. § 5-241 apply. Subsection (a) of § 5-241 provides that, unless previously accrued, tort actions "shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an…”
Williams v. Blakley, 757 P.2d 186 (Idaho 1988). “We, of course, do not pass upon the validity of the assertions or how the ultimate truth will be determined. We hold only that such search for truth must be accomplished by a finder of fact, and is erroneously decided at summary judgment.”
Farber v. State, 630 P.2d 685 (Idaho 1981). “[2] I.C. § 5-241 states that: "Actions [arising out of the design or construction of improvements to real property] will be deemed to have accrued and the statute of limitations shall begin to run .”
Davis v. Moran, 735 P.2d 1014 (Idaho 1987). “Neither shall this subsection be deemed or construed to amend, or repeal section 5-241, Idaho Code." [2] The four parts of traditional equal protection analysis for economic regulation which are analogously applicable to the present case are: "1.”
— Idaho Code § 5-241(a) — 5 cases
Stephens v. Stearns, 678 P.2d 41 (Idaho 1984). “Albanese argues however, that such an analysis was unnecessary because I.C. § 5-241 does not apply to the facts in this case.”
Nerco Minerals Co. v. Morrison Knudsen Corp., 90 P.3d 894 (Idaho 2004). “In the alternative, MK requested that the district court reconsider its previous ruling as to the interpretation and application of Idaho Code § 5-241 (b), which resulted in the denial of MK’s motion for Summary Judgment as to the contract claim.”
Petrus Fam. Trust Dated May 1, 1991 v. Kirk, 415 P.3d 358 (Idaho 2018). “Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.”
Stapleton v. Jack Cushman Drilling & Pump Co., 291 P.3d 418 (Idaho 2012). “Idaho Code section 5-421 specifies when a cause of action accrues and the statute of limitations begins to run “as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property.”
Barab v. Plumleigh, 853 P.2d 635 (Idaho Ct. App. 1993).
— Idaho Code § 5-241(b) — 5 cases
Petrus Fam. Trust Dated May 1, 1991 v. Kirk, 415 P.3d 358 (Idaho 2018). “Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.”
J.R. Simplot Co. v. Chemetics Int'l, Inc., 887 P.2d 1039 (Idaho 1994). “Idaho Code § 5-241 (b) clearly prescribes the date on which actions founded on construction contracts accrue.”
Nerco Minerals Co. v. Morrison Knudsen Corp., 90 P.3d 894 (Idaho 2004). “In the alternative, MK requested that the district court reconsider its previous ruling as to the interpretation and application of Idaho Code § 5-241 (b), which resulted in the denial of MK’s motion for Summary Judgment as to the contract claim.”
Stapleton v. Jack Cushman Drilling & Pump Co., 291 P.3d 418 (Idaho 2012). “Idaho Code section 5-421 specifies when a cause of action accrues and the statute of limitations begins to run “as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property.”
Moyer v. Lasher Constr., Inc. (Idaho 2024).
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