Bill Text: IA HF2307 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act reducing the statute of repose period in a case arising out of the unsafe or defective condition of an improvement to real property and including an applicability date provision. (Formerly HF 2078)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Commerce. H.J. 581. [HF2307 Detail]
Download: Iowa-2011-HF2307-Introduced.html
House
File
2307
-
Introduced
HOUSE
FILE
2307
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HF
2078)
A
BILL
FOR
An
Act
reducing
the
statute
of
repose
period
in
a
case
arising
1
out
of
the
unsafe
or
defective
condition
of
an
improvement
2
to
real
property
and
including
an
applicability
date
3
provision.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5486HV
(2)
84
rh/rj
H.F.
2307
Section
1.
Section
614.1,
subsection
11,
Code
2011,
is
1
amended
to
read
as
follows:
2
11.
Improvements
to
real
property.
In
addition
to
3
limitations
contained
elsewhere
in
this
section
,
an
action
4
arising
out
of
the
unsafe
or
defective
condition
of
an
5
improvement
to
real
property
based
on
tort
and
implied
warranty
6
and
for
contribution
and
indemnity,
and
founded
on
injury
to
7
property,
real
or
personal,
or
injury
to
the
person
or
wrongful
8
death,
shall
not
be
brought
more
than
fifteen
ten
years
after
9
the
date
on
which
occurred
the
act
or
omission
of
the
defendant
10
alleged
in
the
action
to
have
been
the
cause
of
the
injury
or
11
death.
However,
this
subsection
does
not
bar
an
action
against
12
a
person
solely
in
the
person’s
capacity
as
an
owner,
occupant,
13
or
operator
of
an
improvement
to
real
property.
14
Sec.
2.
APPLICABILITY.
This
Act
applies
to
all
actions
15
filed
on
or
after
the
effective
date
of
this
Act.
16
EXPLANATION
17
This
bill
relates
to
the
statute
of
repose
period
in
a
18
case
arising
out
of
the
unsafe
or
defective
condition
of
an
19
improvement
to
real
property.
20
The
bill
reduces
the
15-year
statute
of
repose
period
in
a
21
case
arising
out
of
the
unsafe
or
defective
condition
of
an
22
improvement
to
real
property
to
10
years.
Such
cases
are
based
23
upon
an
injury
to
property
or
an
injury
or
death
of
a
person.
24
A
statute
of
repose
period
differs
from
a
statute
of
25
limitations
period
in
that
a
statute
of
repose
period
26
establishes
a
time
period
after
which
a
lawsuit
based
upon
27
negligence
in
an
improvement
to
real
property
cannot
be
filed
28
regardless
of
whether
an
injury
to
a
person
or
to
property
has
29
occurred.
A
statute
of
limitations
period
begins
at
the
date
30
of
the
injury
or
upon
discovery
of
the
deficiency.
31
The
bill
applies
to
all
actions
filed
on
or
after
the
32
effective
date
of
the
bill.
33
-1-
LSB
5486HV
(2)
84
rh/rj
1/
1
