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
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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
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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.
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