HCS SS SCS SB 840 -- STATUTE OF LIMITATIONS

SPONSOR:  Gross (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 14 to 0.

Under current law, actions to recover for personal injury,
property damage, or wrongful death caused by a defective
condition in the design, planning, or construction of an
improvement to real property must be commenced within 10 years of
the date the improvement is completed.  This substitute adds
economic loss to the items of damage that may be recovered and
specifies that if an occupancy permit is issued, the 10-year
statute of limitation begins to run on that issue date.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the inconsistency and
uncertainty in determining when a construction or improvement is
deemed completed interferes with building professionals' ability
to organize their financial affairs and increases their insurance
premiums.  The substitute will reduce that uncertainty in many
situations.

Testifying for the bill were Senator Gross; Representative
Hanaway; American Institute of Architects in Missouri; Missouri
Association of Trial Attorneys; and Consulting Engineers Council
of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am