Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 2. STATUTES OF LIMITATIONS · Part 2. Time Limits on Specific Kinds of Actions
Montana Code Annotated

Mont. Code Ann. § 27-2-208 (2026)

Actions For Damages Arising Out Of Work On Improvements To Real Property Or Land Surveying

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 2
  4. Part 2
  5. 27-2-208 Actions for damages arising out of work on improvements to real property or land surveying

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 2. Time Limits on Specific Kinds of Actions

Actions For Damages Arising Out Of Work On Improvements To Real Property Or Land Surveying

27-2-208. Actions for damages arising out of work on improvements to real property or land surveying. (1) Except as provided in 70-19-427(1) and subsections (2) and (3) of this section, an action to recover damages (other than an action on any contract, obligation, or liability founded on an instrument in writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property or resulting from or arising out of land surveying of real property may not be commenced more than 6 years after completion of the improvement or land surveying.

(2) Notwithstanding the provisions of subsection (1), an action for damages for an injury that occurred during the sixth year after the completion of the improvement or land surveying may be commenced within 1 year after the occurrence of the injury.

(3) The limitation prescribed by this section may not affect the responsibility of any owner, tenant, or person in actual possession and control of the improvement or real property that is surveyed at the time a right of action arises.

(4) As used in this section:

(a) "completion" means that degree of completion at which the owner can utilize the improvement for the purpose for which it was intended or when a completion certificate is executed, whichever is earlier;

(b) "land surveying" means the practice of land surveying, as defined in 37-67-101.

(5) This section may not be construed as extending the period prescribed by the laws of this state for the bringing of any action.

History: En. Secs. 1, 2, 3, 4, 5, Ch. 60, L. 1971; R.C.M. 1947, 93-2619, 93-2620, 93-2621, 93-2622, 93-2623; amd. Sec. 1, Ch. 62, L. 1999; amd. Sec. 4, Ch. 412, L. 2003; amd. Sec. 2, Ch. 174, L. 2025.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1988–2026 · leading case: Hill Cnty. High Sch. Dist. No. a v. Dick Anderson Constr., Inc., 2017 MT 20, 390 P.3d 602.
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Hill Cnty. High Sch. Dist. No. a v. Dick Anderson Constr., Inc., 2017 MT 20, 390 P.3d 602. · cites it 88× “Springer and Anderson filed motions to dismiss— which the District Court converted to motions for summary judgment—asserting that the action was barred by the passage of time.”
Hein v. Sott Homes, 2015 MT 196, 353 P.3d 494. · cites it 12× “Whether the District Court correctly concluded that Hein’s negligence and negligent misrepresentation claims arising from the 2001 construction of his home and the subsequent inspections and repairs were barred by the statute of repose, § 27-2-208, MCA; 2. Whether the District…”
Ass'n of Unit Owners of the Deer Lodge Condo. v. Big Sky of Montana, Inc., 798 P.2d 1018 (Mont. 1990). · cites it 13× “not pertinent here, the Montana statutes of limitation provide that an action for the relief of fraud or mistake must be commenced within two years (§ 27-2-203, MCA); for *80 a general tort, three years (§ 27-2-204, MCA); for an injury to real or personal property, two years (§…”
Joyce v. Garnaas, 1999 MT 170, 983 P.2d 369. · cites it 4× “2d 1018, 1027 , we considered § 27-2-208, MCA, which deals with commencement of actions for improvements to real property and the applicable ten-year statute of repose.”
Giest v. Sequoia Ventures, Inc., 83 Cal. App. 4th 300 (Cal. Ct. App. 2000). · cites it 4× “Subject to exceptions not pertinent here, the Montana statute of repose, commonly referred to as the “architects’ and builders’ statute,” provides: “[A]n action to recover damages (other than an action upon any contract, obligation, or liability founded upon an instrument in…”
Klinger v. Kightly, 791 P.2d 868 (Utah 1990). · cites it 2× “098 (1986) (five years after date of discovery of surveyor negligence); Mont. Code Ann. § 27-2-208 (1988) (ten years after completion of the project but may be applicable only to projects for construction or improvements); Or.”
Rose v. Fox Pool Corp., 643 A.2d 906 (Md. 1994). “1994); MontCode Ann. § 27-2-208 (1993); Neb.Rev.”
Sartori v. Harnischfeger Corp., 432 N.W.2d 448 (Minn. 1988). “1988); Mont.Code Ann. § 27-2-208 (1983); Neb.Rev.”
Carl v. Chilcote, 844 P.2d 79 (Mont. 1992). · cites it 18× “Carls contend, relying upon Section 27-2-208, MCA, that the *533 statute of limitations for commencing the action was ten years.”
State v. Placzkiewicz, 2001 MT 254, 36 P.3d 934. · cites it 2× “-2-202, MCA); actions for relief on grounds of fraud or mistake (§ 27-2-203, MCA); tort actions for general and personal injury (§ 27-2-204, MCA); actions for medical malpractice (§ 27-2-205, MCA); actions for legal malpractice (§ 27-2-206, MCA); actions for injuries involving…”
Atkinson v. Livingston, 2026 MT 21. · cites it 33× “We address the following restated issue: Whether the District Court erred when it held that the statute of repose found in § 27-2-208, MCA (2023), barred the Atkinsons’ claims against the City for negligence and negligent misrepresentation.”
Grosvold v. Neely, 2025 MT 99, 568 P.3d 525. · cites it 2× “) Section 70-19-427(1), MCA, through a cross-reference to § 27-2-208, MCA, requires that such actions be brought within “10 years after completion” of the construction or remodeling.”
Show all 13 citing cases →
Mont. Code Ann. § 27-2-208(1): 3 cases
Hein v. Sott Homes, 2015 MT 196, 353 P.3d 494. “Whether the District Court correctly concluded that Hein’s negligence and negligent misrepresentation claims arising from the 2001 construction of his home and the subsequent inspections and repairs were barred by the statute of repose, § 27-2-208, MCA; 2. Whether the District…”
Hill Cnty. High Sch. Dist. No. a v. Dick Anderson Constr., Inc., 2017 MT 20, 390 P.3d 602. “Springer and Anderson filed motions to dismiss— which the District Court converted to motions for summary judgment—asserting that the action was barred by the passage of time.”
Atkinson v. Livingston, 2026 MT 21. “We address the following restated issue: Whether the District Court erred when it held that the statute of repose found in § 27-2-208, MCA (2023), barred the Atkinsons’ claims against the City for negligence and negligent misrepresentation.”
Mont. Code Ann. § 27-2-208(2): 1 case
Atkinson v. Livingston, 2026 MT 21. “We address the following restated issue: Whether the District Court erred when it held that the statute of repose found in § 27-2-208, MCA (2023), barred the Atkinsons’ claims against the City for negligence and negligent misrepresentation.”
Mont. Code Ann. § 27-2-208(3): 1 case
Atkinson v. Livingston, 2026 MT 21. “We address the following restated issue: Whether the District Court erred when it held that the statute of repose found in § 27-2-208, MCA (2023), barred the Atkinsons’ claims against the City for negligence and negligent misrepresentation.”
Mont. Code Ann. § 27-2-208(4)(a): 2 cases
Hill Cnty. High Sch. Dist. No. a v. Dick Anderson Constr., Inc., 2017 MT 20, 390 P.3d 602. “Springer and Anderson filed motions to dismiss— which the District Court converted to motions for summary judgment—asserting that the action was barred by the passage of time.”
Atkinson v. Livingston, 2026 MT 21. “We address the following restated issue: Whether the District Court erred when it held that the statute of repose found in § 27-2-208, MCA (2023), barred the Atkinsons’ claims against the City for negligence and negligent misrepresentation.”
Mont. Code Ann. § 27-2-208(5): 1 case
Palmer v. Quinn, 2013 MT 378N.
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