Senate
File
413
-
Enrolled
Senate
File
413
AN
ACT
RELATING
TO
STATUTE-OF-REPOSE
PERIODS
FOR
IMPROVEMENTS
TO
REAL
PROPERTY
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
614.1,
subsection
11,
Code
2017,
is
amended
to
read
as
follows:
11.
Improvements
to
real
property.
a.
In
addition
to
limitations
contained
elsewhere
in
this
section,
an
action
arising
out
of
the
unsafe
or
defective
condition
of
an
improvement
to
real
property
based
on
tort
and
implied
warranty
and
for
contribution
and
indemnity,
and
founded
on
injury
to
property,
real
or
personal,
or
injury
to
the
person
or
wrongful
death,
shall
not
be
brought
more
than
fifteen
the
number
of
years
specified
below
after
the
date
on
which
occurred
the
act
or
omission
of
the
defendant
alleged
in
the
action
to
have
been
the
cause
of
the
injury
or
death
.
:
(1)
For
an
action
arising
from
or
related
to
a
nuclear
power
plant
licensed
by
the
United
States
nuclear
regulatory
commission
or
an
interstate
pipeline
licensed
by
the
federal
energy
regulatory
commission,
fifteen
years.
(2)
For
an
action
arising
from
or
related
to
residential
construction,
as
defined
in
section
572.1,
ten
years.
(3)
For
an
action
arising
from
or
related
to
any
other
kind
of
improvement
to
real
property,
eight
years.
b.
Notwithstanding
paragraph
“a”
,
an
action
arising
from
or
related
to
the
intentional
misconduct
or
fraudulent
concealment
Senate
File
413,
p.
2
of
an
unsafe
or
defective
condition
of
an
improvement
to
real
property
shall
not
be
brought
more
than
fifteen
years
after
the
date
on
which
occurred
the
act
or
omission
of
the
defendant
alleged
in
the
action
to
have
been
the
cause
of
the
injury
or
death.
c.
If
the
unsafe
or
defective
condition
is
discovered
within
one
year
prior
to
the
expiration
of
the
applicable
period
of
repose,
the
period
of
repose
shall
be
extended
one
year.
d.
However,
this
This
subsection
does
not
bar
an
action
against
a
person
solely
in
the
person’s
capacity
as
an
owner,
occupant,
or
operator
of
an
improvement
to
real
property.
Sec.
2.
APPLICABILITY.
This
Act
does
not
apply
to
an
improvement
to
real
property
in
existence
prior
to
the
effective
date
of
this
Act
or
to
an
improvement
to
real
property,
whether
construction
has
begun
or
not,
that
is
the
subject
of
a
binding
agreement
as
of
the
effective
date
of
this
Act.
______________________________
JACK
WHITVER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
413,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor