Tennessee Code Annotated
Tenn. Code Ann. § 28-3-203 (2026)
Injury during fourth year after completion - Limitation of action
✓ current as of May 2026
- (a) Notwithstanding § 28-3-202, in the case of an injury to property or person or injury causing wrongful death, which injury occurred during the fourth year after substantial completion, an action, arbitration, or other binding dispute resolution proceeding to recover damages for the injury or wrongful death must be brought within one (1) year after the date on which the injury occurred, without respect to the date of death of the injured person.
- (b) The action, arbitration, or other binding dispute resolution proceeding must, in all events, be brought within five (5) years after the substantial completion of the improvement.
Amended by 2020 Tenn. Acts, ch. 749, s 39, eff. 7/1/2020.
Acts 1965, ch. 353, § 2; T.C.A., § 28-315.
Notes of Decisions
Cited in 15
cases, 1981–2015 · leading case: Penley v. Honda Motor Co., Ltd., 31 S.W.3d 181 (Tenn. 2000).
Penley v. Honda Motor Co., Ltd., 31 S.W.3d 181 (Tenn. 2000). “See Tenn. Code Ann. § 28-3-203 (a) (1980 & Supp.”
Christopher J. Etheridge, Selena A. v. YMCA & West Tennessee, 391 S.W.3d 541 (Tenn. Ct. App. 2012). “5 Tenn.Code Ann. § 28-3-203. ‘Substantial completion’ means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which…”
Holladay v. Speed, 208 S.W.3d 408 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 28-3-203 (2000). Speed contends the Asphodel property was substantially complete for occupancy in June 1994, and that Ms.”
Prescott v. Adams, 627 S.W.2d 134 (Tenn. Ct. App. 1981). “Section 28-3-203, however, provides that if an injury occurs during the fourth year after such substantial completion, an action is barred unless brought within one year of the date of injury.”
Chrisman v. Hill Home Dev., Inc., 978 S.W.2d 535 (Tenn. 1998). “Tennessee Code Annotated § 28-3-203 (1980) will extend the four-year deadline one additional year from the date of the injury, if the injury occurred in the fourth year after substantial completion of the improvement.”
The Counts Co. v. Praters, Inc., 392 S.W.3d 80 (Tenn. Ct. App. 2012). “§ 28-3-203 would not apply, because the injury did not take place during the fourth year after substantial completion.”
Langford v. Gatlinburg Real Est. & Rental, Inc., 499 F. Supp. 2d 1042 (E.D. Tenn. 2007). “§ 28-3-203 provides, in pertinent part, as follows: (a) Notwithstanding the provisions of § 28-3-202, in the case of such an injury to property or person, .”
Donna Mulhern v. Pulte Homes (Tenn. Ct. App. 2004). “The first is found at T.C.A. § 28-3-203 (2000), which reads, in pertinent part, as follows: Injury during fourth year after completion–Limitation of action.”
Graves v. Grady's (Tenn. Ct. App. 1998). “§ 28-3-202 is a statute of repose which cuts off the right of action after a specified time even if that time expires before the accrual of the cause of action, but argue that T.C.A. § 28-3-203 is a statute of limitations which extinguishes the right to prosecute an accrued…”
Molin, M.D., et . ux. v. Perryman Constr. Co. (Tenn. Ct. App. 1998). “If the owner can use the building for its intended use, then any defects in the construction are usually held 3 The statute does extend the four year period when an injury occurs during the fourth year after such substantial completion by giving plaintiffs another year from the…”
Michael Phillips v. Covenant Health (Tenn. Ct. App. 2015). “” TCA 28-3-203 says if you suffer the injury in the fourth year, then, of course, it adds a year to it.”
Micah Noelle Lewellen v. Covenant Health (Tenn. Ct. App. 2015). “” TCA 28-3-203 says if you suffer the injury in the fourth year, then, of course, it adds a year to it.”
— Tenn. Code Ann. § 28-3-203(a) — 1 case
Christopher J. Etheridge, Selena A. v. YMCA & West Tennessee, 391 S.W.3d 541 (Tenn. Ct. App. 2012). “5 Tenn.Code Ann. § 28-3-203. ‘Substantial completion’ means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which…”
— Tenn. Code Ann. § 28-3-203(b) — 1 case
Penley v. Honda Motor Co., Ltd., 31 S.W.3d 181 (Tenn. 2000). “See Tenn. Code Ann. § 28-3-203 (a) (1980 & Supp.”
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