H.F. _____ Section 1. Section 614.1, subsection 11, Code 2016, 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 two 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 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Under current law, the statute of limitations period in 22 an action arising out of the unsafe or defective condition 23 of an improvement to real property must be brought no later 24 than 15 years after the date on which the act or omission of 25 the defendant alleged in the action to have been the cause 26 of the injury or death occurred. The bill provides that an 27 action relating to improvements to real property arising out 28 of the unsafe or defective condition of an improvement to real 29 property must be brought within the 15-year limitation period 30 or within two years after the act or omission of the defendant 31 alleged in the action to have been the cause of the injury or 32 death is discovered or by the exercise of reasonable diligence 33 should have been discovered, whichever is earlier. 34 -1- LSB 5697YC (3) 86 jh/sc 1/ 1