House File 2094 - Reprinted HOUSE FILE 2094 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 504) (As Amended and Passed by the House February 27, 2014 ) A BILL FOR An Act relating to statute of repose periods for improvements 1 to real property involving residential and nonresidential 2 construction and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2094 (2) 85 rh/sc/md
H.F. 2094 Section 1. Section 614.1, subsection 11, Code 2014, is 1 amended to read as follows: 2 11. Improvements to real property. 3 a. Residential construction. In addition to limitations 4 contained elsewhere in this section , an action arising out of 5 the unsafe or defective condition of an improvement to real 6 property residential construction based on tort and implied 7 warranty and for contribution and indemnity, and founded on 8 injury to property, real or personal, or injury to the person 9 or wrongful death, shall not be brought more than fifteen 10 years after the date on which occurred the act or omission of 11 the defendant alleged in the action to have been the cause of 12 the injury or death. However, this subsection does not bar 13 an action against a person solely in the person’s capacity 14 as an owner, occupant, or operator of an improvement to real 15 property. 16 b. Nonresidential construction. In addition to limitations 17 contained elsewhere in this section, an action arising out 18 of the unsafe or defective condition of an improvement to 19 nonresidential construction based on tort and implied warranty 20 and for contribution and indemnity, and founded on injury to 21 property, real or personal, or injury to the person or wrongful 22 death, shall not be brought more than ten years after the date 23 on which occurred the act or omission of the defendant alleged 24 in the action to have been the cause of the injury or death. 25 However, this subsection does not bar an action against a 26 person solely in the person’s capacity as an owner, occupant, 27 or operator of an improvement to real property. 28 Sec. 2. Section 614.13A, Code 2014, is amended to read as 29 follows: 30 614.13A Definitions. 31 As used in this chapter , unless the context otherwise 32 requires , : 33 1. “book” “Book” , “list” , “record” , or “schedule” kept by 34 a county auditor, assessor, treasurer, recorder, sheriff, or 35 -1- HF 2094 (2) 85 rh/sc/md 1/ 2
H.F. 2094 other county officer means the county system as defined in 1 section 445.1 . 2 2. “Nonresidential construction” means all other 3 construction that is not residential construction as defined in 4 subsection 3. 5 3. “Residential construction” means the same as defined in 6 section 572.1, subsection 10. 7 Sec. 3. APPLICABILITY. This Act does not apply to 8 residential and nonresidential construction projects in 9 existence prior to the effective date of this Act. 10 -2- HF 2094 (2) 85 rh/sc/md 2/ 2