Senate bill would shorten period to sue over construction defects
Thursday, March 09, 2017 3:31 PM
The Iowa Senate has approved legislation that would limit the ability to file a lawsuit over construction defects. Senate File 413 would reduce what is called the statute of repose — the amount of time after defect improvements are made to real or personal property that result in damage or injuries — to eight years from 15 years for most improvements to commercial real estate. The statute of repose is reduced to 10 years from 15 for improvements to residential real estate. Defects in nuclear power plants, on the other hand, would fall within the 15-year limit, as would cases connected to intentional misconduct or fraud. Statute of repose is not to be confused with the statute of limitations, which is the length of time that passes after a defect is discovered or an injury occurs. The bill passed the Senate on a 32-16 vote. The construction industry has attempted for several years to have similar legislation approved by the General Assembly.