Senate
Study
Bill
1185
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitations
period
in
an
1
action
arising
out
of
the
unsafe
or
defective
condition
of
2
an
improvement
to
real
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2190XC
(2)
85
rh/sc
S.F.
_____
Section
1.
Section
614.1,
subsection
11,
Code
2013,
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
years
after
the
9
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
occurred,
or
within
three
years
after
the
act
or
omission
12
of
the
defendant
alleged
in
the
action
to
have
been
the
cause
13
of
the
injury
or
death
is
discovered
or
by
the
exercise
of
14
reasonable
diligence
should
have
been
discovered,
whichever
15
is
earlier
.
However,
this
subsection
does
not
bar
an
action
16
against
a
person
solely
in
the
person’s
capacity
as
an
owner,
17
occupant,
or
operator
of
an
improvement
to
real
property.
18
EXPLANATION
19
Under
current
law,
the
statute
of
limitations
period
in
20
an
action
arising
out
of
the
unsafe
or
defective
condition
21
of
an
improvement
to
real
property
must
be
brought
no
later
22
than
15
years
after
the
date
on
which
the
act
or
omission
of
23
the
defendant
alleged
in
the
action
to
have
been
the
cause
24
of
the
injury
or
death
occurred.
The
bill
provides
that
an
25
action
relating
to
improvements
to
real
property
arising
out
26
of
the
unsafe
or
defective
condition
of
an
improvement
to
27
real
property
must
be
brought
within
the
15-year
limitation
28
period
or
within
three
years
after
the
act
or
omission
of
the
29
defendant
alleged
in
the
action
to
have
been
the
cause
of
the
30
injury
or
death
is
discovered
or
by
the
exercise
of
reasonable
31
diligence
should
have
been
discovered,
whichever
is
earlier.
32
-1-
LSB
2190XC
(2)
85
rh/sc
1/
1