Bill Text: NY S08213 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-12 - REFERRED TO JUDICIARY [S08213 Detail]
Download: New_York-2023-S08213-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8213 IN SENATE January 12, 2024 ___________ Introduced by Sens. COONEY, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 21 be revealed, and therefore will establish an appropriate limit on 22 liability, while affording adequate protection to the public. 23 § 2. Section 214-d of the civil practice law and rules is REPEALED and 24 a new section 214-d is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04450-01-3S. 8213 2 1 § 214-d. Limitations on certain actions against professional engi- 2 neers, architects, landscape architects, land surveyors or construction 3 contractors. 1. Except as otherwise provided in subdivision two of this 4 section, no action to recover damages for injury to the person or for 5 wrongful death or for damage to property nor any action for contribution 6 or indemnity for damages sustained on account of such injury or wrongful 7 death or damage to property arising from any defect in the structure or 8 improvement resulting from the design, planning, or supervision of 9 construction of an improvement to real property shall be brought against 10 a professional engineer, architect, landscape architect, land surveyor 11 or construction contractor more than ten years after the completion of 12 such improvement. 13 2. If, by reason of such defect, an injury to the person or an injury 14 causing wrongful death or damages to property occurs during the tenth 15 year after completion, an action to recover damages for such injury or 16 wrongful death or damage to property may be brought within one year 17 after the date on which such injury occurred, but in no event may such 18 action be brought more than eleven years after the completion of the 19 improvement. 20 3. The limitations prescribed by this section shall not apply to 21 actions brought by one in contractual or professional privity with the 22 engineer, architect, landscape architect, land surveyor or construction 23 contractor and shall not be asserted by way of defense by any person in 24 actual possession or control as owner, tenant, or otherwise, of such an 25 improvement at the time any defect in such improvement constitutes the 26 proximate cause of the injury or death for which it is proposed to bring 27 an action. 28 4. For purposes of this section an improvement shall be deemed to be 29 "completed" (a) when, after the improvement has been started, a perma- 30 nent certificate of occupancy is issued by the municipality in which the 31 improvement is situated, if such is required or is actually issued 32 pursuant to law or regulation; or (b) if a public improvement, upon the 33 acceptance of the improvement by the owner, if a certificate of occupan- 34 cy is not required and has not been issued or (c) on the earlier of the 35 following dates, if the provisions of paragraphs (a) and (b) of this 36 subdivision do not apply (i) four months prior to the last day on which 37 mechanic's lien, resulting from work performed or materials furnished 38 with respect to such improvement, can be filed; or (ii) upon the owner's 39 final payment for services rendered or materials supplied with respect 40 to such improvement. 41 5. An architect, engineer, landscape architect, or land surveyor shall 42 mean a person licensed or registered as an architect, engineer, land- 43 scape architect or land surveyor, pursuant to the provisions of the 44 education law or any partnership or corporation lawfully performing 45 architectural, engineering, landscape architectural or surveying 46 services. 47 § 3. Subdivisions 4 and 5 of section 214 of the civil practice law and 48 rules, subdivision 4 as separately amended by chapters 485 and 682 of 49 the laws of 1986, subdivision 5 as amended by chapter 729 of the laws of 50 2021, are amended to read as follows: 51 4. an action to recover damages for an injury to property except as 52 provided in [section] sections 214-c and 214-d; 53 5. an action to recover damages for a personal injury except as 54 provided in sections 214-b, 214-c, 214-d, 214-i and 215; 55 § 4. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of 56 the civil practice law and rules are REPEALED.S. 8213 3 1 § 5. Nothing contained in this act shall be construed as affecting 2 rights, obligations or duties arising under any contract entered into or 3 any cause of action resulting from an injury which occurred prior to the 4 effective date of this act. 5 § 6. This act shall take effect on the first of January next succeed- 6 ing the date on which it shall have become a law and shall apply to all 7 actions commenced on or after its effective date.
