Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)

Citation: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Parent Document: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Jurisdiction: Montana (state)
Effective Date: 1990-09-24
Original Source: https://www.courtlistener.com/opinion/880687/association-of-unit-owners-of-th... ↗

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injury to real or personal property, two years ( 5 27-2-207, MCA);
and for damages arising out of construction of an approved real
property, ten years ( 5 27-2-208, MCA) , which latter statute will
require explanation.
     The argument about late discovery is unavailable to the unit
owners in this case.     They are foreclosed from such argument by
the final judgments entered in the Darq and Mae cases which
determined knowledge of the defects on the part of the unit owners
in 1976.   Obviously, the unit owners may not rely on any cause of
action for which the statute of limitations is two or three years.
     The unit owners, however, point to 5 27-2-208, MCA, contending
that it provides a limitation period of ten years. That contention
needs examination.   The statute provides:
     27-2-208. Actions for damaqes arisinq out of work on
     improvements to real property. (1) Except as provided
     in subsection (2) and ( 3 ) , no action to recover damages
     (other than an action upon any contract, obligation, or
     liability founded upon an instrument in writing)
     resulting from or arising out of the design, planning,
     supervision, inspection, construction, or observation of
     construction of or land surveying done in connection with
     any improvement to real property shall be commenced more
     than 10 years after completion of such improvement.

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