Senate File 2031 - Introduced SENATE FILE 2031 BY McCOY A BILL FOR An Act relating to the statute of repose period in a case 1 arising out of the unsafe or defective condition of an 2 improvement to real property and including an applicability 3 date provision. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5627SS (1) 84 rh/rj
S.F. 2031 Section 1. Section 614.1, subsection 11, Code 2011, is 1 amended to read as follows: 2 11. Improvements to real property. In addition to 3 limitations contained elsewhere in this section , an action 4 arising out of the unsafe or defective condition of an 5 improvement to real property based on tort and implied warranty 6 and for contribution and indemnity, and founded on injury to 7 property, real or personal, or injury to the person or wrongful 8 death, shall not be brought more than fifteen eight years after 9 the date on which occurred the act or omission of the defendant 10 alleged in the action to have been the cause of the injury or 11 death. However, this subsection does not bar an action against 12 a person solely in the person’s capacity as an owner, occupant, 13 or operator of an improvement to real property. 14 Sec. 2. APPLICABILITY. This Act applies to all actions 15 filed on or after the effective date of this Act. 16 EXPLANATION 17 This bill relates to the statute of repose period in a 18 case arising out of the unsafe or defective condition of an 19 improvement to real property. 20 The bill reduces the 15-year statute of repose period in a 21 case arising out of the unsafe or defective condition of an 22 improvement to real property to eight years. Such cases are 23 based upon an injury to property or an injury or death of a 24 person. 25 A statute of repose period differs from a statute of 26 limitations period in that a statute of repose period 27 establishes a time period after which a lawsuit based upon 28 negligence in an improvement to real property cannot be filed 29 regardless of whether an injury to a person or to property has 30 occurred. A statute of limitations period begins at the date 31 of the injury or upon discovery of the deficiency. 32 The bill applies to all actions filed on or after the 33 effective date of the bill. 34 -1- LSB 5627SS (1) 84 rh/rj 1/ 1