General Assembly Substitute Bill No. 5570
February Session, 2014 *_____HB05570JUD___040214____*
General Assembly
Substitute Bill No. 5570
February Session, 2014
*_____HB05570JUD___040214____*
AN ACT CONCERNING THE APPLICABILITY OF THE STATUTE OF LIMITATIONS TO CONSTRUCTION AND DESIGN ACTIONS BROUGHT BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 52-584a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014, and applicable to actions accruing on or after said date):
(a) No action or arbitration, whether in contract, in tort, or otherwise, (1) to recover damages (A) for any deficiency in the design, planning, contract administration, supervision, observation of construction or construction of, or land surveying in connection with, an improvement to real property; (B) for injury to property, real or personal, arising out of any such deficiency; (C) for injury to the person or for wrongful death arising out of any such deficiency, or (2) for contribution or indemnity which is brought as a result of any such claim for damages, shall be brought against any architect, professional engineer or land surveyor performing or furnishing the design, planning, supervision, observation of construction or construction of, or land surveying in connection with, such improvement more than seven years after substantial completion of such improvement.
(b) Notwithstanding the provisions of subsection (a) of this section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than eight years after [the] substantial completion of [construction of such an] such improvement.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, no action described in subsection (a) or (b) of this section that accrues on or after October 1, 2014, may be brought by the state or any political subdivision of the state more than ten years after substantial completion of such improvement.
[(c)] (d) For the purposes of subsections (a), [and] (b) and (c) of this section, an improvement to real property shall be considered substantially complete when (1) it is first used by the owner or tenant thereof or (2) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first.
[(d)] (e) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or [the] control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring action.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2014, and applicable to actions accruing on or after said date 52-584a
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2014, and applicable to actions accruing on or after said date
52-584a
Statement of Legislative Commissioners:
In section 1, the new language was reorganized and rewritten for accuracy.
JUD Joint Favorable Subst.
JUD
Joint Favorable Subst.