Bill Text: MN SF392 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Real property improvements limitation of actions for damages based on services or construction modifications
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-18 - HF substituted on General Orders HF450 [SF392 Detail]
Download: Minnesota-2013-SF392-Engrossed.html
1.2relating to civil actions; modifying the limitations of actions for damages based
1.3on services or construction to improve real property;amending Minnesota
1.4Statutes 2012, section 541.051.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 541.051, is amended to read:
1.7541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES
1.8OR CONSTRUCTION TO IMPROVE REAL PROPERTY.
1.9 Subdivision 1. Limitation; service or construction of real property;
1.10improvements. (a) Except where fraud is involved, no action by any person in contract,
1.11tort, or otherwise to recover damages for any injury to property, real or personal, or for
1.12bodily injury or wrongful death, arising out of the defective and unsafe condition of
1.13an improvement to real property, shall be brought against any person performing or
1.14furnishing the design, planning, supervision, materials, or observation of construction or
1.15construction of the improvement to real property or against the owner of the real property
1.16more than two years after discovery of the injury, nor in any event shall such a cause
1.17of action accrue more than ten years after substantial completion of the construction.
1.18Date of substantial completion shall be determined by the date when construction is
1.19sufficiently completed so that the owner or the owner's representative can occupy or use
1.20the improvement for the intended purpose.
1.21 (b) Notwithstanding paragraph (a), an action for contribution or indemnity arising
1.22out of the defective and unsafe condition of an improvement to real property may be
1.23brought no later than two years after the cause of action for contribution or indemnity has
1.24accrued, regardless of whether it accrued before or after the ten-year period referenced in
2.1paragraph (a), provided that in no event may an action for contribution or indemnity be
2.2brought more than 14 years after substantial completion of the construction.
2.3 (c) For purposes of paragraph (a), a cause of action accrues upon discovery of the
2.4injury; provided, however, that in the case of an action for contribution or indemnity
2.5under. For purposes of paragraph (b), a cause of action for contribution or indemnity
2.6 accrues upon the earlier of commencement of the action against the party seeking
2.7contribution or indemnity, or payment of a final judgment, arbitration award, or settlement
2.8arising out of the defective and unsafe condition.
2.9 (d) Nothing in this section shall apply to actions for damages resulting from
2.10negligence in the maintenance, operation or inspection of the real property improvement
2.11against the owner or other person in possession.
2.12 (e) The limitations prescribed in this section do not apply to the manufacturer or
2.13supplier of any equipment or machinery installed upon real property.
2.14 Subd. 2. Action allowed; limitation. Notwithstanding the provisions of subdivision
2.151, paragraph (a), in the case of a cause of action described in subdivision 1, paragraph
2.16(a), which accrues during the ninth or tenth year after substantial completion of the
2.17construction, an action to recover damages may be brought within two years after the date
2.18on which the cause of action accrued, but in no event may such an action be brought more
2.19than 12 years after substantial completion of the construction. Nothing in this subdivision
2.20shall limit the time for bringing an action for contribution or indemnity.
2.21 Subd. 3. Not construed. Nothing in this section shall be construed as extending the
2.22period prescribed by the laws of this state for the bringing of any action.
2.23 Subd. 4. Applicability. For the purposes of actions based on breach of the statutory
2.24warranties set forth in section327A.02 , or to actions based on breach of an express written
2.25warranty, such actions shall be brought within two years of the discovery of the breach. In
2.26the case of an action under section327A.05 , which accrues during the ninth or tenth year
2.27after the warranty date, as defined in section327A.01, subdivision 8 , an action may be
2.28brought within two years of the discovery of the breach, but in no event may an action
2.29under section327A.05 be brought more than 12 years after the effective warranty date.
2.30An action for contribution or indemnity arising out of actions described in this subdivision
2.31may be brought no later than two years after the earlier of commencement of the action
2.32against the party seeking contribution or indemnity, or payment of a final judgment,
2.33arbitration award, or settlement arising out of the breach, provided that in no event may an
2.34action for contribution or indemnity arising out of an action described in section 327A.05
2.35be brought more than 14 years after the effective warranty date.
3.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.2actions commenced on or after that date.
1.3on services or construction to improve real property;amending Minnesota
1.4Statutes 2012, section 541.051.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 541.051, is amended to read:
1.7541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES
1.8OR CONSTRUCTION TO IMPROVE REAL PROPERTY.
1.9 Subdivision 1. Limitation; service or construction of real property;
1.10improvements. (a) Except where fraud is involved, no action by any person in contract,
1.11tort, or otherwise to recover damages for any injury to property, real or personal, or for
1.12bodily injury or wrongful death, arising out of the defective and unsafe condition of
1.13an improvement to real property, shall be brought against any person performing or
1.14furnishing the design, planning, supervision, materials, or observation of construction or
1.15construction of the improvement to real property or against the owner of the real property
1.16more than two years after discovery of the injury, nor in any event shall such a cause
1.17of action accrue more than ten years after substantial completion of the construction.
1.18Date of substantial completion shall be determined by the date when construction is
1.19sufficiently completed so that the owner or the owner's representative can occupy or use
1.20the improvement for the intended purpose.
1.21 (b) Notwithstanding paragraph (a), an action for contribution or indemnity arising
1.22out of the defective and unsafe condition of an improvement to real property may be
1.23brought no later than two years after the cause of action for contribution or indemnity has
1.24accrued, regardless of whether it accrued before or after the ten-year period referenced in
2.1paragraph (a), provided that in no event may an action for contribution or indemnity be
2.2brought more than 14 years after substantial completion of the construction.
2.3 (c) For purposes of paragraph (a), a cause of action accrues upon discovery of the
2.4injury
2.5
2.6 accrues upon the earlier of commencement of the action against the party seeking
2.7contribution or indemnity, or payment of a final judgment, arbitration award, or settlement
2.8arising out of the defective and unsafe condition.
2.9 (d) Nothing in this section shall apply to actions for damages resulting from
2.10negligence in the maintenance, operation or inspection of the real property improvement
2.11against the owner or other person in possession.
2.12 (e) The limitations prescribed in this section do not apply to the manufacturer or
2.13supplier of any equipment or machinery installed upon real property.
2.14 Subd. 2. Action allowed; limitation. Notwithstanding the provisions of subdivision
2.151, paragraph (a), in the case of a cause of action described in subdivision 1, paragraph
2.16(a), which accrues during the ninth or tenth year after substantial completion of the
2.17construction, an action to recover damages may be brought within two years after the date
2.18on which the cause of action accrued, but in no event may such an action be brought more
2.19than 12 years after substantial completion of the construction. Nothing in this subdivision
2.20shall limit the time for bringing an action for contribution or indemnity.
2.21 Subd. 3. Not construed. Nothing in this section shall be construed as extending the
2.22period prescribed by the laws of this state for the bringing of any action.
2.23 Subd. 4. Applicability. For the purposes of actions based on breach of the statutory
2.24warranties set forth in section
2.25warranty, such actions shall be brought within two years of the discovery of the breach. In
2.26the case of an action under section
2.27after the warranty date, as defined in section
2.28brought within two years of the discovery of the breach, but in no event may an action
2.29under section
2.30An action for contribution or indemnity arising out of actions described in this subdivision
2.31may be brought no later than two years after the earlier of commencement of the action
2.32against the party seeking contribution or indemnity, or payment of a final judgment,
2.33arbitration award, or settlement arising out of the breach, provided that in no event may an
2.34action for contribution or indemnity arising out of an action described in section 327A.05
2.35be brought more than 14 years after the effective warranty date.
3.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.2actions commenced on or after that date.
