House File 2094 H-8042 Amend House File 2094 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 614.1, subsection 11, Code 4 2014, is amended to read as follows: 5 11. Improvements to real property. 6 a. Residential construction. In addition to 7 limitations contained elsewhere in this section , an 8 action arising out of the unsafe or defective condition 9 of an improvement to real property residential 10 construction based on tort and implied warranty and 11 for contribution and indemnity, and founded on injury 12 to property, real or personal, or injury to the person 13 or wrongful death, shall not be brought more than 14 fifteen years after the date on which occurred the act 15 or omission of the defendant alleged in the action to 16 have been the cause of the injury or death. However, 17 this subsection does not bar an action against a person 18 solely in the person’s capacity as an owner, occupant, 19 or operator of an improvement to real property. 20 b. Nonresidential construction. In addition to 21 limitations contained elsewhere in this section, an 22 action arising out of the unsafe or defective condition 23 of an improvement to nonresidential construction based 24 on tort and implied warranty and for contribution and 25 indemnity, and founded on injury to property, real or 26 personal, or injury to the person or wrongful death, 27 shall not be brought more than ten years after the date 28 on which occurred the act or omission of the defendant 29 alleged in the action to have been the cause of the 30 injury or death. However, this subsection does not 31 bar an action against a person solely in the person’s 32 capacity as an owner, occupant, or operator of an 33 improvement to real property. 34 Sec. 2. Section 614.13A, Code 2014, is amended to 35 read as follows: 36 614.13A Definitions. 37 As used in this chapter , unless the context 38 otherwise requires , : 39 1. “book” “Book” , “list” , “record” , or “schedule” 40 kept by a county auditor, assessor, treasurer, 41 recorder, sheriff, or other county officer means the 42 county system as defined in section 445.1 . 43 2. “Nonresidential construction” means all other 44 construction that is not residential construction as 45 defined in subsection 3. 46 3. “Residential construction” means the same as 47 defined in section 572.1, subsection 10. 48 Sec. 3. APPLICABILITY. This Act does not apply to 49 residential and nonresidential construction projects in 50 -1- HF2094.2620 (3) 85 rh/rj 1/ 2 #1.
existence prior to the effective date of this Act. > 1 2. Title page, by striking lines 1 through 3 2 and inserting < An Act relating to statute of repose 3 periods for improvements to real property involving 4 residential and nonresidential construction and 5 including applicability provisions. > 6 ______________________________ KAUFMANN of Cedar ______________________________ RIDING of Polk ______________________________ JACOBY of Johnson ______________________________ HEDDENS of Story ______________________________ RUFF of Clayton ______________________________ LYKAM of Scott ______________________________ MUHLBAUER of Crawford ______________________________ COHOON of Des Moines -2- HF2094.2620 (3) 85 rh/rj 2/ 2 #2.