Senate
Study
Bill
1010
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
statute-of-repose
periods
for
improvements
1
to
real
property
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
614.1,
subsection
11,
Code
2017,
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
does
not
apply
to
an
15
improvement
to
real
property
in
existence
prior
to
the
16
effective
date
of
this
Act.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
statute-of-repose
period
in
a
21
case
arising
out
of
the
unsafe
or
defective
condition
of
an
22
improvement
to
real
property.
23
Under
current
law,
a
case
arising
out
of
the
unsafe
or
24
defective
condition
of
an
improvement
to
real
property
is
25
subject
to
a
15-year
statute
of
repose.
Such
cases
are
based
26
upon
an
injury
to
property
or
an
injury
or
death
of
a
person.
27
The
bill
reduces
the
period
of
the
statute
of
repose
from
15
28
years
to
8
years.
29
A
statute-of-repose
period
differs
from
a
30
statute-of-limitations
period
in
that
a
statute
of
repose
31
establishes
a
time
period
after
which
a
lawsuit
based
upon
32
negligence
in
an
improvement
to
real
property
cannot
be
filed
33
regardless
of
whether
an
injury
to
a
person
or
to
property
has
34
occurred.
A
statute-of-limitations
period
begins
at
the
date
35
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_____
of
the
injury
or
upon
discovery
of
the
deficiency.
1
The
bill
does
not
reduce
the
statute
of
repose
for
real
2
property
improvements
in
existence
prior
to
the
effective
date
3
of
the
bill.
4
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