|SAME AS||No same as|
|SPONSOR||Miller J (MS)|
|MLTSPNSR||Barclay, Hawley, McDonough, Oaks|
|Rpld & add S214-d, amd S214, rpld R3211 sub (h) & R3212 sub (i), CPLR|
|Establishes a prohibition on lawsuits against architects, engineers or construction professionals brought more than ten years after completion of the allegedly defective structure designed or supervised by the architect, engineer or construction professional that is the subject of the lawsuit.|
|04/12/2011||referred to judiciary|
|01/04/2012||referred to judiciary|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7090 SPONSOR: Miller J (MS)
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to civil actions against professionals; 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   SUMMARY OF SPECIFIC PROVISIONS: This bill repeals and substitutes a new CPLR Section 214-d to establish a prohibition on lawsuits against architects, engineers or construction professionals brought more than ten years after completion of the allegedly defective structure designed or supervised by the architect, engineer or construction professional that is the subject of the lawsuit. If an injury occurs during the tenth year of the completion of the structure the injured party may bring their lawsuit within one year after the injury. Subsequent sections within this bill make changes to various CPLR section to conform them to this bill's provisions.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Existing law encourages excessive litigation and a concomitant drain on public and private resources. This bill restores balance to the civil justice system.   JUSTIFICATION: By establishing a ten year limitations period, with exceptions, within which a claimant may sue an architect or construction professional for work on a structure, this legislation ensures reasonable access to the court system for those harmed while also ensuring that architects and construction professionals are not hit with costly verdicts many years after their work on a structure and frequently when such professionals no longer carry malpractice insurance. This is clearly unfair and would be corrected by this provision.   PRIOR LEGISLATIVE HISTORY: 2006; Remained in Committee 2007-08: Remained in Committee   FISCAL IMPLICATIONS: Overall savings to taxpayers due to a reduction in the hidden taxes they pay to support the tort system in New York.   EFFECTIVE DATE: This act shall take effect on the first day of January subsequent to enactment.
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STATE OF NEW YORK ________________________________________________________________________ 7090 2011-2012 Regular Sessions IN ASSEMBLY April 12, 2011 ___________ Introduced by M. of A. J. MILLER, BURLING -- Multi-Sponsored by -- M. of A. BARCLAY, HAWLEY, McDONOUGH, OAKS -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to civil actions against professionals; and to repeal section 214-d, subdivi- sion (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. Section 214-d of the civil practice law and rules is 2 REPEALED and a new section 214-d is added to read as follows: 3 § 214-d. Limitations on certain actions against professional engi- 4 neers, architects, landscape architects, land surveyors or construction 5 contractors. 1. Except as otherwise provided in subdivision two of this 6 section, no action to recover damages for injury to the person or for 7 wrongful death or for damage to property nor any action for contribution 8 or indemnity for damages sustained on account of such injury or wrongful 9 death or damage to property arising from any defect in the structure or 10 improvement resulting from the design, planning or supervision of 11 construction of an improvement to real property shall be brought against 12 a professional engineer, architect, landscape architect, land surveyor 13 or construction contractor more than ten years after the completion of 14 such improvement. 15 2. If, by reason of such defect, an injury to the person or an injury 16 causing wrongful death or an injury to property occurs during the tenth 17 year after completion, an action to recover damages for such injury or 18 wrongful death or damage to property may be brought within one year 19 after the date on which such injury occurred, but in no event may such 20 action be brought more than eleven years after the completion of the 21 improvement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08185-01-1A. 7090 2 1 3. Except as provided in subdivision two of this section, in the 2 event the provisions of subdivision one of this section shall have 3 reduced the period during which an action against a professional engi- 4 neer, architect, landscape architect, land surveyor or construction 5 contractor could have otherwise been brought pursuant to any other 6 provision of law, rule or regulation, the claimant shall, in that event, 7 be entitled to institute any such action for a period of one year after 8 the effective date of this section. 9 4. The limitations prescribed by this section shall not apply to 10 actions brought by one in contractual or professional privity with the 11 engineer, architect, landscape architect, land surveyor or construction 12 contractor and shall not be asserted by way of defense by any person in 13 actual possession or control as owner, tenant, or otherwise, of such an 14 improvement at the time any defect in such improvement constitutes the 15 proximate cause of the injury or death for which it is proposed to bring 16 an action. 17 5. For purposes of this section an improvement shall be deemed to be 18 "completed" (a) when, after the improvement has been started, a perma- 19 nent certificate of occupancy is issued by the municipality in which the 20 improvement is situated, if such is required or is actually issued 21 pursuant to law or regulation; or (b) if a public improvement, upon the 22 acceptance of the improvement by the owner, if a certificate of occupan- 23 cy is not required and has not been issued; or (c) on the earlier of the 24 following dates, if the provisions of paragraphs (a) and (b) of this 25 subdivision do not apply (i) four months prior to the last day on which 26 a mechanic's lien, resulting from work performed or materials furnished 27 with respect to such improvement, can be filed; or (ii) upon the owner's 28 final payment for services rendered or materials supplied with respect 29 to such improvement. 30 6. An architect, engineer, landscape architect, or land surveyor shall 31 mean a person licensed or registered as an architect, engineer, land- 32 scape architect, land surveyor or construction contractor, pursuant to 33 the provisions of the education law or any partnership, corporation or 34 any other entity lawfully performing architectural, engineering, land- 35 scape architectural or surveying services. 36 § 2. Subdivisions 4 and 5 of section 214 of the civil practice law and 37 rules, as separately amended by chapters 485 and 682 of the laws of 38 1986, are amended to read as follows: 39 4. an action to recover damages for an injury to property except as 40 provided in [ section] sections 214-c and 214-d; 41 5. an action to recover damages for a personal injury except as 42 provided in sections 214-b, 214-c, 214-d and 215; 43 § 3. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of 44 the civil practice law and rules are REPEALED. 45 § 4. This act shall take effect on the first of January next succeed- 46 ing the date on which it shall have become a law.