Senate File 413 - Reprinted SENATE FILE 413 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1010) (As Amended and Passed by the Senate March 8, 2017 ) 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 SF 413 (3) 87 jh/rj/jh
S.F. 413 Section 1. Section 614.1, subsection 11, Code 2017, is 1 amended to read as follows: 2 11. Improvements to real property. 3 a. In addition to limitations contained elsewhere in this 4 section, an action arising out of the unsafe or defective 5 condition of an improvement to real property based on tort 6 and implied warranty and for contribution and indemnity, and 7 founded on injury to property, real or personal, or injury to 8 the person or wrongful death, shall not be brought more than 9 fifteen the number of years specified below after the date on 10 which occurred the act or omission of the defendant alleged in 11 the action to have been the cause of the injury or death . : 12 (1) For an action arising from or related to a nuclear 13 power plant licensed by the United States nuclear regulatory 14 commission or an interstate pipeline licensed by the federal 15 energy regulatory commission, fifteen years. 16 (2) For an action arising from or related to residential 17 construction, as defined in section 572.1, ten years. 18 (3) For an action arising from or related to any other kind 19 of improvement to real property, eight years. 20 b. Notwithstanding paragraph “a” , an action arising from or 21 related to the intentional misconduct or fraudulent concealment 22 of an unsafe or defective condition of an improvement to real 23 property shall not be brought more than fifteen years after the 24 date on which occurred the act or omission of the defendant 25 alleged in the action to have been the cause of the injury or 26 death. 27 c. If the unsafe or defective condition is discovered within 28 one year prior to the expiration of the applicable period of 29 repose, the period of repose shall be extended one year. 30 d. However, this This subsection does not bar an action 31 against a person solely in the person’s capacity as an owner, 32 occupant, or operator of an improvement to real property. 33 Sec. 2. APPLICABILITY. This Act does not apply to an 34 improvement to real property in existence prior to the 35 -1- SF 413 (3) 87 jh/rj/jh 1/ 2
S.F. 413 effective date of this Act or to an improvement to real 1 property, whether construction has begun or not, that is the 2 subject of a binding agreement as of the effective date of this 3 Act. 4 -2- SF 413 (3) 87 jh/rj/jh 2/ 2