Bill Text: MI SB0882 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Civil procedure; statute of limitations; statute of limitations and repose for actions against architects, engineers, surveyors, and construction contractors; revise. Amends sec. 5839 of 1961 PA 236 (MCL 600.5839).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-30 - Referred To Second Reading [SB0882 Detail]
Download: Michigan-2009-SB0882-Engrossed.html
SB-0882, As Passed Senate, December 1, 2009
SENATE BILL No. 882
September 30, 2009, Introduced by Senator SANBORN and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5839 (MCL 600.5839), as amended by 1985 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5839. (1) An action against a state licensed architect,
professional engineer, contractor, or licensed surveyor is subject
to the applicable periods of limitation as provided in this
chapter. However, this section also applies to an action against a
state licensed architect, professional engineer, contractor, or
licensed surveyor as an additional limitation.
(2)
(1) No A person
may shall not maintain any action to
recover damages for any injury to property, real or personal, or
for bodily injury or wrongful death, arising out of the defective
and
unsafe condition of an improvement to real property, nor any or
an action for contribution or indemnity for damages sustained as a
result of such injury, against any state licensed architect or
professional engineer performing or furnishing the design or
supervision of construction of the improvement, or against any
contractor
making the improvement, more than 6 unless the action is
commenced within either of the following periods:
(a) Six years after the time of occupancy of the completed
improvement,
use, or acceptance of the improvement. , or 1 year
after
the defect is discovered or should have been discovered,
provided
that
(b) If the defect constitutes the proximate cause of the
injury or damage for which the action is brought and is the result
of gross negligence on the part of the contractor or licensed
architect or professional engineer, 1 year after the defect is
discovered
or should have been discovered.
However, no such an
action to which this subdivision applies shall not be maintained
more than 10 years after the time of occupancy of the completed
improvement, use, or acceptance of the improvement.
(3) (2)
No A person may shall not maintain any
action to
recover damages based on error or negligence of a state licensed
land surveyor in the preparation of a survey or report more than 6
years after the delivery of the survey or report to the person for
whom it was made or the person's agent.
(4) (3)
As used in this section: ,
"state
(a) "Contractor" means an individual, corporation,
partnership, or other business entity that makes an improvement to
real property.
(b) "State licensed architect or professional engineer" or
"state
licensed land surveyor" means any an individual so licensed,
or
any a corporation, partnership, or other business entity
on
behalf of whom the state licensed architect, professional engineer,
or land surveyor is performing or directing the performance of the
architectural, professional engineering, or land surveying service.
(4)
As used in this section, "contractor" means an individual,
corporation,
partnership, or other business entity which makes an
improvement
to real property.
(5)
The amendments to subsection (1) added by this amendatory
act
shall not apply to any state licensed architect or professional
engineer
performing or furnishing the design or supervision of
construction
of an improvement if, prior to the effective date of
this
amendatory act, 6 or more years have expired after the time of
occupancy
of the completed improvement, use, or acceptance of the
improvement.
(6)
The changes to subsection (1) made by this 1985 amendatory
act
shall apply only to a cause of action which accrues on or after
the
effective date of this 1985 amendatory act and shall not apply
to
a cause of action which accrues before the effective date of
this
1985 amendatory act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
