Print
Senate File 413 - EnrolledAn Actrelating to statute-of-repose periods for improvements to real
property and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 614.1, subsection 11, Code 2017, is
amended to read as follows:
11. Improvements to real property.
a. In addition to limitations contained elsewhere in this
section, an action arising out of the unsafe or defective
condition of an improvement to real property based on tort
and implied warranty and for contribution and indemnity, and
founded on injury to property, real or personal, or injury to
the person or wrongful death, shall not be brought more than
fifteen the number of years specified below after the date on
which occurred the act or omission of the defendant alleged in
the action to have been the cause of the injury or death.:
(1) For an action arising from or related to a nuclear
power plant licensed by the United States nuclear regulatory
commission or an interstate pipeline licensed by the federal
energy regulatory commission, fifteen years.
(2) For an action arising from or related to residential
construction, as defined in section 572.1, ten years.
(3) For an action arising from or related to any other kind
of improvement to real property, eight years.
b. Notwithstanding paragraph “a”, an action arising from or
related to the intentional misconduct or fraudulent concealment
-1-of an unsafe or defective condition of an improvement to real
property shall not be brought more than fifteen years after the
date on which occurred the act or omission of the defendant
alleged in the action to have been the cause of the injury or
death.
c. If the unsafe or defective condition is discovered within
one year prior to the expiration of the applicable period of
repose, the period of repose shall be extended one year.
d. However, this This subsection does not bar an action
against a person solely in the person’s capacity as an owner,
occupant, or operator of an improvement to real property.
Sec. 2. APPLICABILITY. This Act does not apply to an
improvement to real property in existence prior to the effective
date of this Act or to an improvement to real property, whether
construction has begun or not, that is the subject of a binding
agreement as of the effective date of this Act.
______________________________
JACK WHITVER
President of the Senate
______________________________
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 413, Eighty-seventh General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-1-jh/rj/jh
property and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 614.1, subsection 11, Code 2017, is
amended to read as follows:
11. Improvements to real property.
a. In addition to limitations contained elsewhere in this
section, an action arising out of the unsafe or defective
condition of an improvement to real property based on tort
and implied warranty and for contribution and indemnity, and
founded on injury to property, real or personal, or injury to
the person or wrongful death, shall not be brought more than
fifteen the number of years specified below after the date on
which occurred the act or omission of the defendant alleged in
the action to have been the cause of the injury or death.:
(1) For an action arising from or related to a nuclear
power plant licensed by the United States nuclear regulatory
commission or an interstate pipeline licensed by the federal
energy regulatory commission, fifteen years.
(2) For an action arising from or related to residential
construction, as defined in section 572.1, ten years.
(3) For an action arising from or related to any other kind
of improvement to real property, eight years.
b. Notwithstanding paragraph “a”, an action arising from or
related to the intentional misconduct or fraudulent concealment
-1-of an unsafe or defective condition of an improvement to real
property shall not be brought more than fifteen years after the
date on which occurred the act or omission of the defendant
alleged in the action to have been the cause of the injury or
death.
c. If the unsafe or defective condition is discovered within
one year prior to the expiration of the applicable period of
repose, the period of repose shall be extended one year.
d. However, this This subsection does not bar an action
against a person solely in the person’s capacity as an owner,
occupant, or operator of an improvement to real property.
Sec. 2. APPLICABILITY. This Act does not apply to an
improvement to real property in existence prior to the effective
date of this Act or to an improvement to real property, whether
construction has begun or not, that is the subject of a binding
agreement as of the effective date of this Act.
______________________________
JACK WHITVER
President of the Senate
______________________________
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 413, Eighty-seventh General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-1-jh/rj/jh