Bill Text: DE HB347 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Limitation Of Actions.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2012-06-20 - Laid On Table in House [HB347 Detail]
Download: Delaware-2011-HB347-Draft.html
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SPONSOR: |
Rep. Osienski & Sen. Peterson; Reps. Carson, Kenton, Longhurst, Walker;Sens. Blevins, Henry, Marshall, Sokola |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 347 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIMITATION OF ACTIONS. |
Section 1.Amend Title 10 of the Delaware Code by making insertions as shown by underlining as follows:
§ 8146. Survey of Land
No action, whether in or based upon a contract, in tort, or otherwise, to recover damages or for indemnification or contribution for damages as a result of an error or omission in a survey of land or survey product shall be brought against any person who performs or furnishes a land survey or creates or furnishes a survey product unless an action is brought within 6 years of the date of the survey of land or survey product, or within 3 years after the discovery of the error or omission, whichever occurs first. Actions for damages based on gross negligence as a result of an error or omission in a survey of land or survey product are not subject to this section but shall be covered by limitations on such actions as set forthin this chapter or Chapter 79 of this title.
SYNOPSIS
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This bill provides that causes of actions regarding the performance or furnishing of land surveys and the creation or furnishing of survey products must be brought within 6 years or 3 years after the discovery of an error or omission, whichever occurs first. Causes of actions based upon gross negligence are not covered by this section.
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