Bill Text: IA HF3 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to statute-of-repose periods for improvements to real property and including applicability provisions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-03-21 - Withdrawn. H.J. 704. [HF3 Detail]

Download: Iowa-2017-HF3-Introduced.html
House File 3 - Introduced




                                 HOUSE FILE       
                                 BY  KOESTER

                                      A BILL FOR

  1 An Act relating to statute=of=repose periods for improvements
  2    to real property and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1472YH (4) 87
    jh/rj

PAG LIN



  1  1    Section 1.  Section 614.1, subsection 11, Code 2017, is
  1  2 amended to read as follows:
  1  3    11.  Improvements to real property.  In addition to
  1  4 limitations contained elsewhere in this section, an action
  1  5 arising out of the unsafe or defective condition of an
  1  6 improvement to real property based on tort and implied warranty
  1  7 and for contribution and indemnity, and founded on injury to
  1  8 property, real or personal, or injury to the person or wrongful
  1  9 death, shall not be brought more than fifteen eight years after
  1 10 the date on which occurred the act or omission of the defendant
  1 11 alleged in the action to have been the cause of the injury or
  1 12 death. However, this subsection does not bar an action against
  1 13 a person solely in the person's capacity as an owner, occupant,
  1 14 or operator of an improvement to real property.
  1 15    Sec. 2.  APPLICABILITY.  This Act does not apply to an
  1 16 improvement to real property in existence prior to the
  1 17 effective date of this Act.
  1 18                           EXPLANATION
  1 19 The inclusion of this explanation does not constitute agreement with
  1 20 the explanation's substance by the members of the general assembly.
  1 21    This bill relates to the statute=of=repose period in a
  1 22 case arising out of the unsafe or defective condition of an
  1 23 improvement to real property.
  1 24    Under current law, a case arising out of the unsafe or
  1 25 defective condition of an improvement to real property is
  1 26 subject to a 15=year statute of repose. Such cases are based
  1 27 upon an injury to property or an injury or death of a person.
  1 28 The bill reduces the period of the statute of repose from 15
  1 29 years to 8 years.
  1 30    A statute=of=repose period differs from a
  1 31 statute=of=limitations period in that a statute of repose
  1 32 establishes a time period after which a lawsuit based upon
  1 33 negligence in an improvement to real property cannot be filed
  1 34 regardless of whether an injury to a person or to property has
  1 35 occurred. A statute=of=limitations period begins at the date
  2  1 of the injury or upon discovery of the deficiency.
  2  2    The bill does not reduce the statute of repose for real
  2  3 property improvements in existence prior to the effective date
  2  4 of the bill.
       LSB 1472YH (4) 87
       jh/rj
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