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A04907 Summary:

BILL NOA04907A
 
SAME ASSAME AS S02146-A
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Rpld & add §214-d, amd §214, rpld R3211 sub (h), R3212 sub (i), CPLR
 
Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors, geologists and construction contractors to provide for a limitations period of ten years after completion of improvement to real property; "completion", which constitutes the accrual date for the limitations period, is defined; provides for a one year extension for injuries to person or property or wrongful death which occur during the tenth year after completion.
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A04907 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4907--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2025
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Higher Education -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the civil practice law and rules, in relation to provid-
          ing a statute of limitations for certain actions against  professional
          engineers,  architects,  landscape  architects, land surveyors, geolo-
          gists and construction contractors and to repeal section 214-d, subdi-
          vision (h) of rule 3211 and subdivision (i) of rule 3212 of the  civil
          practice law and rules relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Statement of findings and purpose.  The  legislature  finds
     2  that (a) the open-ended and continuing liability imposed upon members of
     3  the  design  professions  and  construction  contractors, due to alleged
     4  deficiencies relating to improvements to real property, has resulted  in
     5  an  unfair  burden  on  such professionals and a general increase in the
     6  cost of both public and private improvements to real property,  (b)  the
     7  cost  of  maintaining adequate insurance coverage is so expensive that a
     8  significant number of design professionals and construction  contractors
     9  are  forced  to forego insurance coverage altogether to the detriment of
    10  the public's safety and welfare. The legislature further finds that  the
    11  best designed and constructed improvement is dependent upon proper main-
    12  tenance  to  preserve  its integrity and safety and it is thus of impor-
    13  tance to the public safety and welfare to ensure than an owner maintains
    14  and repairs that which is the property of  the  owner.  The  legislature
    15  therefore  finds  that it is necessary and desirable to establish a time
    16  limit after which tort claims for personal injury or wrongful death  may
    17  not be asserted against such professionals and contractors. That statute
    18  of  repose  set forth herein, with a claim accruing on the date that the
    19  improvement was completed, will preserve the liability  of  the  profes-
    20  sional and contractor during a period in which the defects, if any, will
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03256-03-5

        A. 4907--A                          2
 
     1  be  revealed,  and  therefore  will  establish  an  appropriate limit on
     2  liability, while affording adequate protection to the public.
     3    § 2. Section 214-d of the civil practice law and rules is REPEALED and
     4  a new section 214-d is added to read as follows:
     5    §  214-d.  Limitations  on  certain actions against professional engi-
     6  neers, architects, landscape architects, land surveyors,  geologists  or
     7  construction contractors. 1. Except as otherwise provided in subdivision
     8  two  of  this  section,  no  action to recover damages for injury to the
     9  person or for wrongful death or for damage to property  nor  any  action
    10  for  contribution  or indemnity for damages sustained on account of such
    11  injury or wrongful death or damage to property arising from  any  defect
    12  in  the structure or improvement resulting from the design, planning, or
    13  supervision of construction of an improvement to real property shall  be
    14  brought against a professional engineer, architect, landscape architect,
    15  land  surveyor, geologist or construction contractor more than ten years
    16  after the completion of such improvement.
    17    2. If, by reason of such defect, an injury to the person or an  injury
    18  causing  wrongful  death  or damages to property occurs during the tenth
    19  year after completion, an action to recover damages for such  injury  or
    20  wrongful  death  or  damage  to  property may be brought within one year
    21  after the date on which such injury occurred, but in no event  may  such
    22  action  be  brought  more  than eleven years after the completion of the
    23  improvement.
    24    3. The limitations prescribed by  this  section  shall  not  apply  to
    25  actions  brought  by one in contractual or professional privity with the
    26  engineer, architect, landscape architect, land  surveyor,  geologist  or
    27  construction  contractor  and shall not be asserted by way of defense by
    28  any person in actual possession or control as owner, tenant,  or  other-
    29  wise,  of such an improvement at the time any defect in such improvement
    30  constitutes the proximate cause of the injury or death for which  it  is
    31  proposed to bring an action.
    32    4.  For  purposes of this section an improvement shall be deemed to be
    33  "completed" (a) when, after the improvement has been started,  a  perma-
    34  nent certificate of occupancy is issued by the municipality in which the
    35  improvement  is  situated,  if  such  is  required or is actually issued
    36  pursuant to law or regulation; or (b) if a public improvement, upon  the
    37  acceptance of the improvement by the owner, if a certificate of occupan-
    38  cy  is not required and has not been issued or (c) on the earlier of the
    39  following dates, if the provisions of paragraphs (a)  and  (b)  of  this
    40  subdivision  do not apply (i) four months prior to the last day on which
    41  mechanic's lien, resulting from work performed  or  materials  furnished
    42  with respect to such improvement, can be filed; or (ii) upon the owner's
    43  final  payment  for services rendered or materials supplied with respect
    44  to such improvement.
    45    5. An architect, engineer, landscape  architect,  geologist,  or  land
    46  surveyor  shall  mean  a  person licensed or registered as an architect,
    47  engineer, landscape architect, geologist or land surveyor,  pursuant  to
    48  the  provisions  of  the education law or any partnership or corporation
    49  lawfully performing architectural, engineering, landscape architectural,
    50  geological or surveying services.
    51    § 3. Subdivisions 4 and 5 of section 214 of the civil practice law and
    52  rules, subdivision 4 as separately amended by chapters 485   and 682  of
    53  the laws of 1986, subdivision 5 as amended by chapter 729 of the laws of
    54  2021, are amended to read as follows:
    55    4.  an  action  to recover damages for an injury to property except as
    56  provided in [section] sections 214-c and 214-d;

        A. 4907--A                          3
 
     1    5. an action to recover  damages  for  a  personal  injury  except  as
     2  provided in sections 214-b, 214-c, 214-d, 214-i and 215;
     3    §  4. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of
     4  the civil practice law and rules are REPEALED.
     5    § 5. Nothing contained in this act shall  be  construed  as  affecting
     6  rights, obligations or duties arising under any contract entered into or
     7  any cause of action resulting from an injury which occurred prior to the
     8  effective date of this act.
     9    §  6. This act shall take effect on the first of January next succeed-
    10  ing the date on which it shall have become a law and shall apply to  all
    11  actions commenced on or after its effective date.
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