S T A T E   O F   N E W   Y O R K
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                                   5158
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by  Sens. GRIFFO, RITCHIE -- 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:
 
   Section  1.  Statement  of findings and purpose. The legislature finds
 that (a) the open-ended and continuing liability imposed upon members of
 the design professions and  construction  contractors,  due  to  alleged
 deficiencies  relating to improvements to real property, has resulted in
 an unfair burden on such professionals and a  general  increase  in  the
 cost  of  both public and private improvements to real property, (b) the
 cost of maintaining adequate insurance coverage is so expensive  that  a
 significant  number of design professionals and construction contractors
 are forced to forego insurance coverage altogether to the  detriment  of
 the  public's safety and welfare. The legislature further finds that the
 best designed and constructed improvement is dependent upon proper main-
 tenance to preserve its integrity and safety and it is  thus  of  impor-
 tance to the public safety and welfare to ensure than an owner maintains
 and  repairs  that  which  is the property of the owner. The legislature
 therefore finds that it is necessary and desirable to establish  a  time
 limit  after which tort claims for personal injury or wrongful death may
 not be asserted against such professionals and contractors. That statute
 of repose set forth herein, with a claim accruing on the date  that  the
 improvement  was  completed,  will preserve the liability of the profes-
 sional and contractor during a period in which the defects, if any, will

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04816-01-9
              

 S. 5158                             2
 
 be revealed, and  therefore  will  establish  an  appropriate  limit  on
 liability, while affording adequate protection to the public.
   § 2. Section 214-d of the civil practice law and rules is REPEALED and
 a new section 214-d is added to read as follows:
   §  214-D.  LIMITATIONS  ON  CERTAIN ACTIONS AGAINST PROFESSIONAL ENGI-
 NEERS, ARCHITECTS, LANDSCAPE ARCHITECTS, LAND SURVEYORS OR  CONSTRUCTION
 CONTRACTORS.  1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS
 SECTION, NO ACTION TO RECOVER DAMAGES FOR INJURY TO THE  PERSON  OR  FOR
 WRONGFUL DEATH OR FOR DAMAGE TO PROPERTY NOR ANY ACTION FOR CONTRIBUTION
 OR INDEMNITY FOR DAMAGES SUSTAINED ON ACCOUNT OF SUCH INJURY OR WRONGFUL
 DEATH  OR DAMAGE TO PROPERTY ARISING FROM ANY DEFECT IN THE STRUCTURE OR
 IMPROVEMENT RESULTING FROM  THE  DESIGN,  PLANNING,  OR  SUPERVISION  OF
 CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY SHALL BE BROUGHT AGAINST
 A  PROFESSIONAL  ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR
 OR CONSTRUCTION CONTRACTOR MORE THAN TEN YEARS AFTER THE  COMPLETION  OF
 SUCH IMPROVEMENT.
   2.  IF, BY REASON OF SUCH DEFECT, AN INJURY TO THE PERSON OR AN INJURY
 CAUSING WRONGFUL DEATH OR DAMAGES TO PROPERTY OCCURS  DURING  THE  TENTH
 YEAR  AFTER  COMPLETION, AN ACTION TO RECOVER DAMAGES FOR SUCH INJURY OR
 WRONGFUL DEATH OR DAMAGE TO PROPERTY MAY  BE  BROUGHT  WITHIN  ONE  YEAR
 AFTER  THE  DATE ON WHICH SUCH INJURY OCCURRED, BUT IN NO EVENT MAY SUCH
 ACTION BE BROUGHT MORE THAN ELEVEN YEARS AFTER  THE  COMPLETION  OF  THE
 IMPROVEMENT.
   3.  THE  LIMITATIONS  PRESCRIBED  BY  THIS  SECTION SHALL NOT APPLY TO
 ACTIONS BROUGHT BY ONE IN CONTRACTUAL OR PROFESSIONAL PRIVITY  WITH  THE
 ENGINEER,  ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION
 CONTRACTOR AND SHALL NOT BE ASSERTED BY WAY OF DEFENSE BY ANY PERSON  IN
 ACTUAL  POSSESSION OR CONTROL AS OWNER, TENANT, OR OTHERWISE, OF SUCH AN
 IMPROVEMENT AT THE TIME ANY DEFECT IN SUCH IMPROVEMENT  CONSTITUTES  THE
 PROXIMATE CAUSE OF THE INJURY OR DEATH FOR WHICH IT IS PROPOSED TO BRING
 AN ACTION.
   4.  FOR  PURPOSES OF THIS SECTION AN IMPROVEMENT SHALL BE DEEMED TO BE
 "COMPLETED" (A) WHEN, AFTER THE IMPROVEMENT HAS BEEN STARTED,  A  PERMA-
 NENT CERTIFICATE OF OCCUPANCY IS ISSUED BY THE MUNICIPALITY IN WHICH THE
 IMPROVEMENT  IS  SITUATED,  IF  SUCH  IS  REQUIRED OR IS ACTUALLY ISSUED
 PURSUANT TO LAW OR REGULATION; OR (B) IF A PUBLIC IMPROVEMENT, UPON  THE
 ACCEPTANCE OF THE IMPROVEMENT BY THE OWNER, IF A CERTIFICATE OF OCCUPAN-
 CY  IS NOT REQUIRED AND HAS NOT BEEN ISSUED OR (C) ON THE EARLIER OF THE
 FOLLOWING DATES, IF THE PROVISIONS OF PARAGRAPHS (A)  AND  (B)  OF  THIS
 SUBDIVISION  DO NOT APPLY (I) FOUR MONTHS PRIOR TO THE LAST DAY ON WHICH
 MECHANIC'S LIEN, RESULTING FROM WORK PERFORMED  OR  MATERIALS  FURNISHED
 WITH RESPECT TO SUCH IMPROVEMENT, CAN BE FILED; OR (II) UPON THE OWNER'S
 FINAL  PAYMENT  FOR SERVICES RENDERED OR MATERIALS SUPPLIED WITH RESPECT
 TO SUCH IMPROVEMENT.
   5. AN ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR SHALL
 MEAN A PERSON LICENSED OR REGISTERED AS AN  ARCHITECT,  ENGINEER,  LAND-
 SCAPE  ARCHITECT  OR  LAND  SURVEYOR,  PURSUANT TO THE PROVISIONS OF THE
 EDUCATION LAW OR ANY  PARTNERSHIP  OR  CORPORATION  LAWFULLY  PERFORMING
 ARCHITECTURAL,   ENGINEERING,   LANDSCAPE   ARCHITECTURAL  OR  SURVEYING
 SERVICES.
   § 3. Subdivisions 4 and 5 of section 214 of the civil practice law and
 rules, as separately amended by chapters 485   and 682 of  the  laws  of
 1986, are amended to read as follows:
   4.  an  action  to recover damages for an injury to property except as
 provided in [section] SECTIONS 214-c AND 214-D;

 S. 5158                             3
 
   5. an action to recover  damages  for  a  personal  injury  except  as
 provided in sections 214-b, 214-c, 214-D and 215;
   §  4. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of
 the civil practice law and rules are REPEALED.
   § 5. Nothing contained in this act shall  be  construed  as  affecting
 rights, obligations or duties arising under any contract entered into or
 any cause of action resulting from an injury which occurred prior to the
 effective date of this act.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 actions commenced on or after its effective date.