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Status: (Introduced - Dead) 2017-03-21 - Withdrawn.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 thanfifteeneight 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
