House File 194 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 21)
A BILL FOR
1 An Act relating to statute=of=repose periods for improvements
2 to real property involving residential and nonresidential
3 construction and including applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1102HV (1) 86
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PAG LIN
1 1 Section 1. Section 614.1, subsection 11, Code 2015, is
1 2 amended to read as follows:
1 3 11. Improvements to real property.
1 4 a. Residential construction. In addition to limitations
1 5 contained elsewhere in this section, an action arising out of
1 6 the unsafe or defective condition of an improvement to real
1 7 property residential construction based on tort and implied
1 8 warranty and for contribution and indemnity, and founded on
1 9 injury to property, real or personal, or injury to the person
1 10 or wrongful death, shall not be brought more than fifteen years
1 11 after the date on which occurred the act or omission of the
1 12 defendant alleged in the action to have been the cause of the
1 13 injury or death. However, this subsection paragraph does not
1 14 bar an action against a person solely in the person's capacity
1 15 as an owner, occupant, or operator of an improvement to real
1 16 property.
1 17 b. Nonresidential construction. In addition to limitations
1 18 contained elsewhere in this section, an action arising out
1 19 of the unsafe or defective condition of an improvement to
1 20 nonresidential construction based on tort and implied warranty
1 21 and for contribution and indemnity, and founded on injury to
1 22 property, real or personal, or injury to the person or wrongful
1 23 death, shall not be brought more than ten years after the date
1 24 on which occurred the act or omission of the defendant alleged
1 25 in the action to have been the cause of the injury or death.
1 26 However, this paragraph does not bar an action against a person
1 27 solely in the person's capacity as an owner, occupant, or
1 28 operator of an improvement to real property.
1 29 c. Definitions. For purposes of this subsection,
1 30 "residential construction" means the same as defined in
1 31 section 572.1. "Nonresidential construction" means all other
1 32 construction that is not residential construction.
1 33 Sec. 2. APPLICABILITY. This Act does not apply to
1 34 residential=construction or nonresidential=construction
1 35 projects in existence prior to the effective date of this Act.
2 1 EXPLANATION
2 2 The inclusion of this explanation does not constitute agreement with
2 3 the explanation's substance by the members of the general assembly.
2 4 This bill relates to the statute=of=repose period in a
2 5 case arising out of the unsafe or defective condition of an
2 6 improvement to nonresidential construction.
2 7 Under current law, a case arising out of the unsafe or
2 8 defective condition of an improvement to real property, whether
2 9 residential or nonresidential construction, is subject to
2 10 a 15=year statute of repose. Such cases are based upon an
2 11 injury to property or an injury or death of a person. The bill
2 12 reduces the period of the statute of repose for cases relating
2 13 to nonresidential construction from 15 years to 10 years. The
2 14 statute=of=repose period for cases relating to residential
2 15 construction remains 15 years.
2 16 The bill defines "residential construction" by cross
2 17 reference to the definition of that term contained in Code
2 18 chapter 572, which relates to mechanic's liens. Code section
2 19 572.1 defines "residential construction" as construction on
2 20 single=family or two=family dwellings occupied or used, or
2 21 intended to be occupied or used, primarily for residential
2 22 purposes. The bill defines "nonresidential construction" as
2 23 any construction that is not residential construction.
2 24 A statute=of=repose period differs from a
2 25 statute=of=limitations period in that a statute of repose
2 26 establishes a time period after which a lawsuit based upon
2 27 negligence in an improvement to real property cannot be filed
2 28 regardless of whether an injury to a person or to property has
2 29 occurred. A statute=of=limitations period begins at the date
2 30 of the injury or upon discovery of the deficiency.
2 31 The bill does not reduce the statute of repose for
2 32 residential and nonresidential construction projects in
2 33 existence prior to the effective date of the Act.
LSB 1102HV (1) 86
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