|SAME AS||SAME AS S05158|
|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 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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STATE OF NEW YORK ________________________________________________________________________ 3595 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Higher Education 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 and construction contractors and to repeal section 214-d, subdivision (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. LBD04816-01-9A. 3595 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 or construction 7 contractors. 1. Except as otherwise provided in subdivision two of this 8 section, no action to recover damages for injury to the person or for 9 wrongful death or for damage to property nor any action for contribution 10 or indemnity for damages sustained on account of such injury or wrongful 11 death or damage to property arising from any defect in the structure or 12 improvement resulting from the design, planning, or supervision of 13 construction of an improvement to real property shall be brought against 14 a professional engineer, architect, landscape architect, land surveyor 15 or construction contractor more than ten years after the completion of 16 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 or construction 27 contractor and shall not be asserted by way of defense by any person in 28 actual possession or control as owner, tenant, or otherwise, of such an 29 improvement at the time any defect in such improvement constitutes the 30 proximate cause of the injury or death for which it is proposed to bring 31 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, or land surveyor shall 46 mean a person licensed or registered as an architect, engineer, land- 47 scape architect or land surveyor, pursuant to the provisions of the 48 education law or any partnership or corporation lawfully performing 49 architectural, engineering, landscape architectural or surveying 50 services. 51 § 3. Subdivisions 4 and 5 of section 214 of the civil practice law and 52 rules, as separately amended by chapters 485 and 682 of the laws of 53 1986, are amended to read as follows: 54 4. an action to recover damages for an injury to property except as 55 provided in [ section] sections 214-c and 214-d;A. 3595 3 1 5. an action to recover damages for a personal injury except as 2 provided in sections 214-b, 214-c, 214-d 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.