reglab/housing_qa huggingface dataset:
GA Code § 9-3-4 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 1 - General Provisions|§ 9-3-4. Limitations as to Trusts

 Reserved. Repealed by Ga. L. 1991, p. 810, § 3, effective July 1, 1991.   Editor's notes.   - This Code section was based on Orig. Code 1863, § 3128; Code 1868, § 3140; Code 1873, § 3196; Code 1882, § 3196; Civil Code 1895, § 3198; Civil Code 1910, § 3782; Code 1933, § 3-713.
GA Code § 9-3-5 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 1 - General Provisions|§ 9-3-5. Beneficiaries Barred Along With Trustee

 Where a trustee is barred, the beneficiaries of the estate represented by him shall also be barred.   (Civil Code 1895, § 3773; Civil Code 1910, § 4367; Code 1933, § 3-710.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, §§ 75, 76. 76 Am. Jur. 2d, Trusts, § 530.   C.J.S.   - 54 C.J.S., Limitations of Actions, §§ 108, 221 et seq., 382.   ALR.    - Scope and application of exception, as regards causes of action cognizable at law, to general rule exempting express trusts from operation of statute of limitations, 122 A.L.R. 286.    Pledge as a trust as regards statute of limitations, 139 A.L.R. 1333.    Attorney as trustee for purpose of running of statute of limitations against claim for money or property received or collected by him, 151 A.L.R. 1388.   When statute of limitations starts to run against enforcement of resulting trust, 45 A.L.R.2d 382.
GA Code § 9-3-6 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 1 - General Provisions|§ 9-3-6. Applicability of Limitations to Setoffs

 The statute of limitations applies to the subject matter of setoff as well as to the plaintiff's demand.   (Orig. Code 1863, § 3399; Code 1868, § 3418; Code 1873, § 3470; Code 1882, § 3470; Civil Code 1895, § 5089; Civil Code 1910, § 5673; Code 1933, § 3-708.)   Law reviews.   - For comment, "Antenuptial Agreements and Divorce in Georgia: Scherer v. Scherer," see 17 Ga. L. Rev. 231 (1982).   JUDICIAL DECISIONS    This section prevents setoff of demands barred by statute of limitations. Lee v. Lee, 31 Ga. 26, 76 Am. Dec. 681 (1860).   Application to counties.    - This section applied to counties. MacNeill v. McElroy, 193 Ga. 55, 17 S.E.2d 169 (1941).    Cited in Mobley v. Murray County, 178 Ga. 388, 173 S.E. 680 (1934); Cox v. Brady, 58 Ga. App. 498, 199 S.E. 242 (1938); Vinson v. Citizens & S. Nat'l Bank, 208 Ga. 813, 69 S.E.2d 866 (1952); Bennett v. Stroupe, 116 Ga. App. 265, 157 S.E.2d 161 (1967); Smith v. Hornbuckle, 140 Ga. App. 871, 232 S.E.2d 149 (1977); Jones v. Combustion Eng'g, Inc., 170 Ga. App. 730, 318 S.E.2d 152 (1984); Vikowsky v. Savannah Appliance Serv. Corp., 179 Ga. App. 135, 345 S.E.2d 621 (1986); Chastain v. Chastain, 261 Ga. 275, 404 S.E.2d 552 (1991).   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, § 124 et seq.   ALR.    - Claim of government against taxpayer which is barred by lapse of time as available to defeat or diminish claim of taxpayer against government, or vice versa, 109 A.L.R. 1354; 130 A.L.R. 838; 154 A.L.R. 1052; 12 A.L.R.2d 815.   Claim barred by limitation as subject of setoff, counterclaim, recoupment, cross bill, or cross action, 1 A.L.R.2d 630.   Personal representative's right of retainer or setoff, against debtor's distributive share of estate, of debt barred by statute of limitations, 39 A.L.R.2d 675.   When statute of limitations begins to run against action to recover money paid by mistake, 79 A.L.R.3d 754.
GA Code § 9-3-7 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 1 - General Provisions|§ 9-3-7. When Mutual Accounts Postpone Running of Limitations

 The statute of limitations for a mutual account begins to run on the date of the last item thereof. A mutual account must include an indebtedness on both sides. Mere entries of credits of partial payments shall not be sufficient.   (Civil Code 1895, § 3769; Civil Code 1910, § 4363; Code 1933, § 3-707.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Accounts and Accounting, § 23. 51 Am. Jur. 2d, Limitation of Actions, § 207.   C.J.S.   - 54 C.J.S., Limitation of Actions, §§ 9, 178.   ALR.    - Limitation of actions: acknowledgment, new promise, or payment by grantee of mortgaged premises, 18 A.L.R. 1027; 142 A.L.R. 615.    Check in payment of interest or installment of principal as tolling statute of limitations, 28 A.L.R. 84; 125 A.L.R. 271.    Payment on account as removing or tolling statute of limitation, 36 A.L.R. 346; 156 A.L.R. 1082.    What constitutes an open, current account within the statute of limitations, 39 A.L.R. 369; 57 A.L.R. 201.    Bar of statute of limitations against action to recover principal of obligation as affecting right to recover interest, 115 A.L.R. 728.    Ratification of unauthorized credit on debt or obligation as tolling, or removing bar of, statute of limitations, 124 A.L.R. 234.   When is account "mutual" for purposes of rule that limitations run from last item in open, current, and mutual account, 45 A.L.R.3d 446.
GA Code § 9-3-21 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-21. Proceedings to Set Aside Judgments

 Reserved. Repealed by Ga. L. 1986, p. 294, § 2, effective July 1, 1986.   Editor's notes.   - This Code section was based on Ga. L. 1876, p. 100, § 1; Code 1882, § 2914a; Civil Code 1895, § 3764; Civil Code 1910, § 4358; Code 1933, § 3-702.
GA Code § 9-3-22 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-22. Enforcement of Rights Under Statutes, Acts of Incorporation; Recovery of Wages, Overtime, and Damages

 All actions for the enforcement of rights accruing to individuals under statutes or acts of incorporation or by operation of law shall be brought within 20 years after the right of action has accrued; provided, however, that all actions for the recovery of wages, overtime, or damages and penalties accruing under laws respecting the payment of wages and overtime shall be brought within two years after the right of action has accrued.   (Ga. L. 1855-56, p. 233, § 12; Code 1863, § 2857; Code 1868, § 2865; Code 1873, § 2916; Code 1882, § 2916; Civil Code 1895, § 3766; Civil Code 1910, § 4360; Code 1933, § 3-704; Ga. L. 1943, p. 333, § 1.)   Cross references.   - Time limitation on bringing of action by employee to recover difference between wages actually paid and state minimum wage, § 34-4-6.    Time limitation on action to recover wages not paid as result of sex discrimination, § 34-5-5.   Law reviews.   - For article, "Some Rescission Problems in Truth-In-Lending, as Viewed From Georgia," see 7 Ga. St. B.J. 315 (1971). For article surveying local government law in 1984-85, see 37 Mercer L. Rev. 313 (1985). For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Rights Under Statutes   Recovery for Wages, Overtime, and Other Employment Issues    RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, § 127.   C.J.S.   - 54 C.J.S., Limitation of Actions, §§ 77, 171 et seq.   ALR.    - Servant's right to compensation for extra work or overtime, 25 A.L.R. 218; 107 A.L.R. 705.    When cause of action between master and servant deemed to be upon a liability created by statute within contemplation of statute of limitations, 104 A.L.R. 462.    Conflict of laws as to period of limitation to enforce stockholders' statutory liability, 143 A.L.R. 1442.    Statute of limitations applicable to action to recover minimum wage, overtime compensation, or liquidated damages under Fair Labor Standards Act, 157 A.L.R. 545; 162 A.L.R. 237.   Action by passenger against carrier for personal injuries as based on contract or on tort, with respect to application of statutes of limitation, 20 A.L.R.2d 331.   What statute of limitations is applicable to a damage action under federal civil rights acts, 98 A.L.R.2d 1160.   When does cause of action accrue, for purposes of statute of limitations, against action based upon encroachment of building or other structure upon land of another, 12 A.L.R.3d 1265.   Accrual of cause of action and tolling of limitation period of § 6 of the Federal Employers' Liability Act (45 U.S.C. § 56), 16 A.L.R.3d 637.   Reductions to back pay awards under Title VII of Civil Rights Act of 1964 (42 USCS § 2000e et seq.), 135 A.L.R. Fed 1.
GA Code § 9-3-27 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-27. Actions Against Fiduciaries

 All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues.   (Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; Civil Code 1910, § 4366; Code 1933, § 3-709; Ga. L. 1991, p. 810, § 4.)   Law reviews.   - For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Actions Against Fiduciaries   Running of Limitation    RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 501 et seq., 1118 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 149, 247, 250.   C.J.S.   - 54 C.J.S., Limitation of Actions, § 237.   ALR.    - Applicability of nonclaim statutes to claims arising under contract executory at the time of death, 41 A.L.R. 144; 47 A.L.R. 896.    Applicability of statute of nonclaim or limitation statute as between surviving partner and estate of deceased partner, 96 A.L.R. 441; 157 A.L.R. 1114.    Applicability to existing claims of statute shortening period for filing claims against decedent's estate; and constitutionality of statute as so applied, 117 A.L.R. 1208.    Scope and application of exception, as regards causes of action cognizable at law, to general rule exempting express trusts from operation of statute of limitations, 122 A.L.R. 286.    Pledge as a trust as regards statute of limitations, 139 A.L.R. 1333.    Attorney as trustee for purpose of running of statute of limitations against claim for money or property received or collected by him, 151 A.L.R. 1388.   Limitation statute applicable to action on bonds of public body or on obligation to collect revenues for their payment, 38 A.L.R.2d 930.   When statute of limitations begins to run against action on bond of personal representative, 44 A.L.R.2d 807.   When statute of limitations starts to run against enforcement of resulting trust, 45 A.L.R.2d 382.   What constitutes sufficient repudiation of express trust by trustee to cause statute of limitations to run, 54 A.L.R.2d 13.   When statute of limitations starts to run against enforcement of constructive trust, 55 A.L.R.2d 220.   Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.   Estoppel or laches precluding lawful spouse from asserting rights in decedent's estate as against putative spouse, 81 A.L.R.3d 110.
GA Code § 9-3-30.1 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-30.1. Actions Against Manufacturers or Suppliers of Asbestos or Material Containing Asbestos

  Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for:   Removal of asbestos or materials containing asbestos from any building owned or used by such entity;   Other measures taken to correct or ameliorate any problem related to asbestos in such building;   Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or   Any other claim for damage to real property allowed by law relating to asbestos in such building  which might otherwise be barred prior to July 1, 1990, as a result of expiration of the applicable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990.      The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.   Nothing in this Code section shall be construed to revive, extend, change, or otherwise affect the applicable period of limitation for persons or entities not set forth and provided for in subsection (a) of this Code section.   Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section.     (Code 1981, §9-3-30.1, enacted by Ga. L. 1988, p. 1996, § 1.)   RESEARCH REFERENCES   Contractor's Liability for Mishandling Toxic Substance, 37 Am. Jur. Trials 115.   Cost Recovery Litigation: Abatement of Asbestos Contamination, 40 Am. Jur. Trials 317.   Handling Toxic Tort Litigation, 57 Am. Jur. Trials 395.   Asbestos Injury Litigation, 60 Am. Jur. Trials 73.
GA Code § 9-3-30.2 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-30.2. Actions Against Persons Engaged in Land Surveying

  As used in this Code section, the term "land surveying" shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2.   No action to recover damages for any deficiency, defect, omission, error, or miscalculation in a survey or plat shall be brought against registered surveyors or their employees engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered as shown from the date on the survey or plat. Any such action not instituted within the six-year period provided by this subsection shall be forever barred.     (Code 1981, §9-3-30.2, enacted by Ga. L. 1998, p. 178, § 1.)   Cross references.   - Professional engineers and land surveyors, T. 43, C. 15.
GA Code § 9-3-31 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-31. Injuries to Personalty

 Actions for injuries to personalty shall be brought within four years after the right of action accrues.   (Laws 1767, Cobb's 1851 Digest, p. 562; Laws 1805, Cobb's 1851 Digest, p. 564; Ga. L. 1855-56, p. 233, § 4; Code 1863, § 2991; Code 1868, § 3004; Code 1873, § 3059; Code 1882, § 3059; Civil Code 1895, § 3899; Civil Code 1910, § 4496; Code 1933, § 3-1002.)   Cross references.   - Injuries to personalty generally, T. 51, C. 10.   Law reviews.   - For article, "2013 Georgia Corporation and Business Organization Case Law Developments," see 19 Ga. St. B.J. 28 (April 2014). For note, "The Effect of Georgia's Architectural Statutes of Limitations on Real and Personal Property Claims for Negligent Construction," see 7 Ga. St. U.L. Rev. 137 (1990).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Injuries to Personalty   Running of Limitations    RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, § 167.   C.J.S.   - 54 C.J.S., Limitations of Actions, §§ 71, 72, 258.   ALR.   - What statute of limitation applies to an action, based on duress, to recover money or property, 77 A.L.R.2d 821.   When statute of limitations commences to run against claim for contribution or indemnity based on tort, 57 A.L.R.3d 867.   What statute of limitations applies to action for contribution against joint tort-feasor, 57 A.L.R.3d 927.   Tort claim against which period of statute of limitations has run as subject to setoff, counterclaim, cross bill, or cross action in tort action arising out of same accident or incident, 72 A.L.R.3d 1065.   When does statute of limitations begin to run upon an action by subrogated insurer against third party tort-feasor, 91 A.L.R.3d 844.    Tort liability of project architect or engineer for economic damages suffered by contractor or subcontractor, 61 A.L.R. 6th 445.   Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: individual drivers, parents, owners or lessors, and passengers, 97 A.L.R.6th 375.   Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: corporations, municipalities, insurers, and employers, 98 A.L.R.6th 93.   Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: estates, and other or unspecified parties, 99 A.L.R.6th 1.   Accrual of claims for continuing trespass or continuing nuisance for purposes of statutory limitations, 14 A.L.R.7th 8.
GA Code § 9-3-34 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-34. Article Not Applicable to Malpractice

 This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70.   (Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.)
GA Code § 9-3-35 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-35. Actions by Creditor Seeking Relief Under Uniform Voidable Transactions Act

 An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the "Uniform Voidable Transactions Act," shall be brought within the applicable period set out in Code Section 18-2-79.    (Code 1981, §9-3-35, enacted by Ga. L. 2002, p. 141, § 1; Ga. L. 2015, p. 996, § 4B-1/SB 65.)    The 2015 amendment,  effective July 1, 2015, substituted "Voidable Transactions" for "Fraudulent Transfers" in this Code section. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides:   "(a) This Act shall be known and may be cited as the 'Debtor Creditor Uniform Law Modernization Act of 2015.'   "(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships."   Ga. L. 2015, p. 996, § 7-1/SB 65, not codified by the General Assembly, provides in part: "(d) The amendments made by Parts 4A and 4B of this Act shall:   "(1) Apply to a transfer made or obligation incurred on or after July 1, 2015;   "(2) Not apply to a transfer made or obligation incurred before July 1, 2015;   "(3) Not apply to a right of action that has accrued before July 1, 2015; and   "(4) For purposes of this subsection, a transfer is made and an obligation is incurred at the time provided in Code Section 18-7-76."   RESEARCH REFERENCES   ALR.   - Uniform Voidable Transactions Act, 50 A.L.R.7th Art. 5.
GA Code § 9-3-36 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 2 - Specific Periods of Limitation|§ 9-3-36. Limitations on Claims Arising Before Decedent's Death

  In no event may claims against a decedent's estate that arose before the death of the decedent be brought more than six years after the date of the decedent's death.   Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abrogation.   Nothing in this Code section shall be construed as placing a limitation on the time for commencing a proceeding to enforce any mortgage, pledge, or other lien upon property owned by a decedent immediately prior to the decedent's death.     (Code 1981, §9-3-36, enacted by Ga. L. 2020, p. 377, § 2-3/HB 865.)
GA Code § 9-3-50 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 3 - Limitations on Recovery for Deficiencies Connected With Improvements to Realty and Resulting Injuries|§ 9-3-50. Definitions

 As used in this article, the term:    "Person" means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company.   "Substantial completion" means the date when construction was sufficiently completed, in accordance with the contract as modified by any change order agreed to by the parties, so that the owner could occupy the project for the use for which it was intended.    (Ga. L. 1968, p. 127, §§ 5, 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Building and Construction Contracts, § 115 et seq. 51 Am. Jur. 2d, Limitation of Actions, § 75.   C.J.S.   - 17B C.J.S., Contracts, § 589.   ALR.   - What constitutes "improvement to real property" for purposes of statute of repose or statute of limitations, 122 A.L.R.5th 1.
GA Code § 9-3-52 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 3 - Limitations on Recovery for Deficiencies Connected With Improvements to Realty and Resulting Injuries|§ 9-3-52. Limitation Not Available to Owner or Tenant

 The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.   (Ga. L. 1968, p. 127, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, § 131.   C.J.S.   - 53 C.J.S., Limitation of Actions, § 64 et seq.   ALR.   - Validity and construction, as to claim alleging design defects, of statute imposing time limitations upon action against architect or engineer for injury or death arising out of defective or unsafe condition of improvement to real property, 93 A.L.R.3d 1242.
GA Code § 9-3-53 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 3 - Limitations on Recovery for Deficiencies Connected With Improvements to Realty and Resulting Injuries|§ 9-3-53. Period of Limitations Not Extended

 Nothing in this article shall extend the period of limitations prescribed by the law of this state for the bringing of any action or shall postpone the time as of which a cause of action accrues.   (Ga. L. 1968, p. 127, § 3.)   Law reviews.   - For article discussing architect liability for product design and supervision of construction, and the statute of limitations, see 14 Ga. St. B.J. 164 (1978).   JUDICIAL DECISIONS    Cited in Benning Constr. Co. v. Lakeshore Plaza Enters., Inc., 240 Ga. 426, 241 S.E.2d 184 (1977); Landon v. Williams Bros. Concrete Co., 149 Ga. App. 699, 256 S.E.2d 99 (1979); Lumbermen's Mut. Cas. Co. v. Pattillo Constr. Co., 254 Ga. 461, 330 S.E.2d 344 (1985); Fort Oglethorpe Assocs. II v. Hails Constr. Co., 196 Ga. App. 663, 396 S.E.2d 585 (1990).   RESEARCH REFERENCES   ALR.   - Validity and construction, as to claim alleging design defects, of statute imposing time limitations upon action against architect or engineer for injury or death arising out of defective or unsafe condition of improvement to real property, 93 A.L.R.3d 1242.