Elizabeth Gamble Deaconess Home Ass'n v. Turner Construction Co.

R.C. 2305.131 sets forth a ten-year bar to any action against architects, engineers, builders and others, for injuries to body or property “arising out of the defective and unsafe condition of an improvement to real property.” 1 The statute obviously applies to third-party claims in tort. The dispositive inquiry in this appeal is whether that bar applies to claims asserted by a property owner against an architect and a builder for breach of contract, breach of implied warranties or negligence. The trial court stated that it was bound by our decision in Board of Trustees of the Public Library…