House File 3 H-1102 Amend House File 3 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 614.1, subsection 11, Code 4 2017, is amended to read as follows: 5 11. Improvements to real property. 6 a. In addition to limitations contained elsewhere 7 in this section, an action arising out of the unsafe or 8 defective condition of an improvement to real property 9 based on tort and implied warranty and for contribution 10 and indemnity, and founded on injury to property, real 11 or personal, or injury to the person or wrongful death, 12 shall not be brought more than fifteen the number of 13 years specified below after the date on which occurred 14 the act or omission of the defendant alleged in the 15 action to have been the cause of the injury or death . : 16 (1) For an action arising from or related to a 17 nuclear power plant licensed by the United States 18 nuclear regulatory commission or an interstate pipeline 19 licensed by the federal energy regulatory commission, 20 fifteen years. 21 (2) For an action arising from or related to 22 residential construction, as defined in section 572.1, 23 ten years. 24 (3) For an action arising from or related to any 25 other kind of improvement to real property, eight 26 years. 27 b. Notwithstanding subsection “a” , an action 28 arising from or related to the intentional misconduct 29 or fraudulent concealment of an unsafe or defective 30 condition of an improvement to real property shall not 31 be brought more than fifteen years after the date on 32 which occurred the act or omission of the defendant 33 alleged in the action to have been the cause of the 34 injury or death. 35 -1- HF3.242 (3) 87 jh/rj 1/ 2 #1.
c. If the unsafe or defective condition is 1 discovered within one year prior to the expiration of 2 the applicable period of repose, the period of repose 3 shall be extended one year. 4 d. However, this This subsection does not bar an 5 action against a person solely in the person’s capacity 6 as an owner, occupant, or operator of an improvement 7 to real property. 8 Sec. 2. APPLICABILITY. This Act does not apply to 9 an improvement to real property in existence prior to 10 the effective date of this Act. > 11 ______________________________ COMMITTEE ON JUDICIARY BALTIMORE of Boone, Chairperson -2- HF3.242 (3) 87 jh/rj 2/ 2