Limitations on Actions Regarding Patent Deficiencies in Improvements in Real Estate

(a)Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than ten

(10)years after the date of substantial completion of the development or improvement for any of the following:

(1)Any patent deficiency in the design, specifications, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;

(2)Injury to property, real or personal, arising out of any such patent deficiency; or

(3)Injury to the person or for wrongful death arising out of any such patent deficiency.

(b)If, by reason of such patent deficiency, an injury to property or the person of an injury causing wrongful death occurs during the tenth

(10th)year after the date of substantial completion of the development or improvement, an action in tort to recover damages for such an injury or wrongful death CH. 11 TIME FOR COMMENCING ACTIONS may be brought within one

(1)year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than eleven

(11)years after the date of substantial completion of the development or improvement.

(c)Nothing in this section shall be construed as extending the period prescribed by the laws of Guam for the bringing of any action.

(d)The limitation prescribed by this section shall not be asserted as a 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 the injury or death for which it is proposed to bring an action.