House
Study
Bill
504
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
reducing
the
statute
of
repose
period
in
a
case
arising
1
out
of
the
unsafe
or
defective
condition
of
an
improvement
2
to
real
property
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5471YC
(4)
85
rh/sc
H.F.
_____
Section
1.
Section
614.1,
subsection
11,
Code
2014,
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
actions
filed
on
15
or
after
the
effective
date
of
this
Act.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
the
statute
of
repose
period
in
a
20
case
arising
out
of
the
unsafe
or
defective
condition
of
an
21
improvement
to
real
property.
22
The
bill
reduces
the
15-year
statute
of
repose
period
in
a
23
case
arising
out
of
the
unsafe
or
defective
condition
of
an
24
improvement
to
real
property
to
eight
years.
Such
cases
are
25
based
upon
an
injury
to
property
or
an
injury
or
death
of
a
26
person.
27
A
statute
of
repose
period
differs
from
a
statute
of
28
limitations
period
in
that
a
statute
of
repose
period
29
establishes
a
time
period
after
which
a
lawsuit
based
upon
30
negligence
in
an
improvement
to
real
property
cannot
be
filed
31
regardless
of
whether
an
injury
to
a
person
or
to
property
has
32
occurred.
A
statute
of
limitations
period
begins
at
the
date
33
of
the
injury
or
upon
discovery
of
the
deficiency.
34
The
bill
applies
to
actions
filed
on
or
after
the
effective
35
-1-
LSB
5471YC
(4)
85
rh/sc
1/
2
H.F.
_____
date
of
the
bill.
1
-2-
LSB
5471YC
(4)
85
rh/sc
2/
2