Limitation on Actions - Latent Deficiencies in Improvements in Real Property

(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 latent 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.

(b)As used in this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection.

(c)As used in this section, action includes an action for indemnity brought against a person arising out of his performance or furnishing of services or materials referred to in this section, except that a crosscomplaint for indemnity may be filed in an action which has been brought within the time period set forth in subsection

(a)of this section.

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

(e)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 improvement constitutes the proximate cause for which it is proposed to bring an action.

(f)This section shall not apply to actions based on willful misconduct or fraudulent concealment.