Table of Contents TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS CHAPTER 2. STATUTES OF LIMITATIONS Part 2. Time Limits on Specific Kinds of Actions
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7 27-2-201 32 27-2-202 23 27-2-203 39 27-2-204 11 27-2-205 17 27-2-206 16 27-2-207 5 27-2-208 7 27-2-209 27-2-210 14 27-2-211 27-2-212 27-2-213 27-2-214 27-2-215 3 27-2-216 27-2-217 8 27-2-231

Mont. Code Ann. § 27-2-208

(2017)

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 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 any improvement to real property or resulting from or arising out of land surveying of real property may not be commenced more than 10 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 10th 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.

Opinions construing this section

5 opinions
2026 MT 21 Feb 10, 2026 Affirmed
Atkinson v. Livingston
Majority by Katherine M. Bidegaray · 5 to 0
nce and negligent misrepresentation. 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. Because the claims are barred by the statute of repose
2025 MT 99 May 13, 2025 Affirmed
Grosvold v. Neely
Majority by Cory J. Swanson · 5 to 0
WITH THE OPPORTUNITY TO RESOLVE THE CLAIM WITHOUT LITIGATION; LIMITING DAMAGES THAT CAN BE RECOVERED IN RESIDENTIAL CONSTRUCTION DISPUTES; AND AMENDING SECTION 27-2-208, MCA. 2003 Mont. Laws ch. 412 (emphasis added). The Act’s preamble noted the need for “an alternative method to resolve legitimate construction disputes that wo
2017 MT 20 Feb 7, 2017 Affirmed
Hill Co. High v. Anderson
Majority by Beth Baker · 5 to 1
for summary judgment—asserting that the action was barred by the passage of time. The court granted Springer and Anderson summary judgment. It concluded that § 27-2-208, MCA, barred the School District’s claims because the roof was “completed,” within the meaning of the statute, in 1998. The court concluded also that alleged
2017 MT 20 Feb 7, 2017 Affirmed
Hill Co. High v. Anderson
Dissenting by Michael E Wheat · 5 to 1
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.” Section 27-2-208(4)(a), MCA. The court explained: “[T]he purpose of the roofing project in this case is to shelter the building’s occupants and its contents from the elements.” The
2015 MT 196 Jul 14, 2015 Affirmed in part, reversed in part
Hein v. Sott Homes
Majority by Beth Baker · 5 to 0
ligent 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 Court erred in concluding that Hein’s Consumer Protection Act claims arising from the 2001 construction of his home and the subseque
Official Annotations archive.org, 2017 edition
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 (SB 389 - McGee, Dan (R) SD 11)
Source text on leg.mt.gov