Notwithstanding the provisions of Section 1 of this act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the fifth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two (2) years 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 seven (7) years after the substantial completion of construction of such an improvement.
§ 110.Injury Occurring During Fifth Year After Substantial Completion
Chapter 3: Limitations of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 110 gives a plaintiff whose injury occurs during the fifth year after a construction project's substantial completion two years from the date of injury to sue, but never lets the suit reach beyond seven years after substantial completion.
Full Text of § 110
Amendment History
Laws 1967, SB 232, c. 360, § 2, emerg. eff. 5/22/1967.
Plain-English Summary
This narrows Section 109's ten-year repose period for one specific window. If the injury, to property, to a person, or resulting in wrongful death, occurs during the fifth year after substantial completion, the plaintiff gets two years from the date of the injury to sue, regardless of when a related death occurs. But the total time never exceeds seven years after substantial completion, cutting the available window short of the full ten years § 109 would otherwise allow.
Frequently Asked Questions
What if my construction-related injury happened in the fifth year after the building was finished?
Section 110 gives you two years from the date of the injury to sue, regardless of when a related death occurred.
Does this extend the ten-year repose period in Section 109?
No, it caps the total time at seven years after substantial completion, shorter than the ten years that would otherwise apply.
Why doesn't the date of death matter under this section?
The text measures the two years from when the injury occurred, not from a resulting death, so a delayed death doesn't restart the clock.
Does this section apply to injuries outside the fifth year?
No, by its terms it applies specifically to an injury occurring during the fifth year after substantial completion.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma fifth year construction injury ruleconstruction defect injury deadline Oklahoma12 O.S. § 110seven year construction repose Oklahoma