Bill Text: IA SF413 | 2017-2018 | 87th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to statute-of-repose periods for improvements to real property and including applicability provisions. (Formerly SSB 1010.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-13 - Signed by Governor. S.J. 1021. [SF413 Detail]

Download: Iowa-2017-SF413-Amended.html

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Senate File 413 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1010)
       (As Amended and Passed by the Senate March 8, 2017)

                                      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:
    SF 413 (3) 87
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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.
  1  4    a.  In addition to limitations contained elsewhere in this
  1  5 section, an action arising out of the unsafe or defective
  1  6 condition of an improvement to real property based on tort
  1  7 and implied warranty and for contribution and indemnity, and
  1  8 founded on injury to property, real or personal, or injury to
  1  9 the person or wrongful death, shall not be brought more than
  1 10 fifteen the number of years specified below after the date on
  1 11 which occurred the act or omission of the defendant alleged in
  1 12 the action to have been the cause of the injury or death.:
  1 13    (1)  For an action arising from or related to a nuclear
  1 14 power plant licensed by the United States nuclear regulatory
  1 15 commission or an interstate pipeline licensed by the federal
  1 16 energy regulatory commission, fifteen years. 
  1 17    (2)  For an action arising from or related to residential
  1 18 construction, as defined in section 572.1, ten years.
  1 19    (3)  For an action arising from or related to any other kind
  1 20 of improvement to real property, eight years.
  1 21    b.  Notwithstanding paragraph "a", an action arising from or
  1 22 related to the intentional misconduct or fraudulent concealment
  1 23 of an unsafe or defective condition of an improvement to real
  1 24 property shall not be brought more than fifteen years after the
  1 25 date on which occurred the act or omission of the defendant
  1 26 alleged in the action to have been the cause of the injury or
  1 27 death.
  1 28    c.  If the unsafe or defective condition is discovered within
  1 29 one year prior to the expiration of the applicable period of
  1 30 repose, the period of repose shall be extended one year. 
  1 31    d.  However, this This subsection does not bar an action
  1 32 against a person solely in the person's capacity as an owner,
  1 33 occupant, or operator of an improvement to real property.
  1 34    Sec. 2.  APPLICABILITY.  This Act does not apply to an
  1 35 improvement to real property in existence prior to the
  2  1 effective date of this Act or to an improvement to real
  2  2 property, whether construction has begun or not, that is the
  2  3 subject of a binding agreement as of the effective date of this
  2  4 Act.
       SF 413 (3) 87
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