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.
Impact
The introduction of this bill is poised to significantly change how liability is assigned in cases involving construction professionals. By establishing a ten-year period post-completion for claims to be filed, the bill aims to alleviate the pressure of open-ended liability workers currently face. This is expected to lead to reduced insurance costs for professionals, thereby encouraging better compliance and safety practices in construction and engineering projects. The intent is to balance the need for public safety with the financial sustainability of service providers.
Summary
Bill A04907 proposes to repeal and reenact the statute of limitation provisions concerning wrongful death, personal injury, and property damage actions against professional engineers, architects, landscape architects, land surveyors, geologists, and construction contractors. Under this new legislation, the limitations period for such actions will be extended to ten years following the completion of improvements to real property. Importantly, the bill defines 'completion' as the date when the improvement is finished, thus establishing a clear timeline for liability.
Contention
Despite its intended benefits, this bill has sparked a debate among stakeholders. Proponents argue that it protects professionals from perpetual liability, which can deter them from carrying necessary insurance due to the associated costs. Conversely, critics express concern that by limiting the time frame for claiming damages, it could undermine rights for accountability and justice for victims of negligence. The potential to restrict claims arising from construction defects until it is too late for adequate recourse raises significant ethical questions about consumer protection in the construction industry.
Same As
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.