Bill Text: AZ HB2116 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Limitations of actions; dedicated property
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-02-28 - Senate read second time [HB2116 Detail]
Download: Arizona-2018-HB2116-Engrossed.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
|
|
HOUSE BILL 2116 |
|
|
|
|
AN ACT
amending section 12‑552, Arizona Revised Statutes; relating to limitations of actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-552, Arizona Revised Statutes, is amended to read:
12-552. Actions involving development of real property design, engineering and construction of improvements
A. Notwithstanding any other statute, no an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property.
B. Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration against a person who develops or develops and sells real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after final completion of the improvement to real property if the action or arbitration is based on either:
1. A municipal or county code, ordinance or other legal requirement.
2. A permit that is required as a condition of development.
For the purposes of this subsection, an improvement to real property is considered finally complete when the improvement is fully completed in accordance with the written plans and specifications that are required by the municipality or county and is accepted by the municipality or county for ownership, operation and maintenance.
B. C. Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion, or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but in no event may an action may not be brought more than nine years after the substantial completion of the improvement.
C. D. The limitations in subsections A, and B and C of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship.
D. E. Nothing in This section applies does not apply to actions for personal injury or death nor shall this section operate to or shorten the period of warranty provided in an express written warranty.
E. F. For the purposes of subsections A, B and C and D of this section, an improvement to real property is considered substantially complete when any of the following first occurs:
1. It is first used by the owner or occupant of the improvement.
2. It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement.
3. Final inspection, if required, by the governmental body which that issued the building permit for the improvement.
F. G. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section shall not be construed to does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs.
G. H. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and B C of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection E F of this section and section 12‑505, subsection A, this subsection applies to claims that accrued before the effective date of this amendment to this section May 14, 1992.
