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AL HB132

Bill

Status

Engrossed

4/7/2011

Primary Sponsor

Gregory Canfield

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Origin

House of Representatives

Regular Session 2011

AI Summary

  • Reduces the statute of repose for civil actions against architects, engineers, and builders from 13 years to 7 years after substantial completion of construction.

  • Maintains the 2-year statute of limitations period for filing actions, but no relief can be granted for causes of action accruing more than 7 years after substantial completion.

  • Exception allows actions to proceed beyond the 7-year period if the architect, engineer, or builder had actual knowledge of a defect or deficiency and failed to disclose it to the contracting party.

  • Preserves causes of action for breach of written express warranties, contracts, or indemnities that extend beyond 7 years, with a 2-year filing period from accrual.

  • Applies to all civil actions in tort, contract, or otherwise, including contribution, indemnity, counterclaims, and third-party claims, regardless of who initiates the action.

Legislative Description

Civil actions against architects, engineers, or builders, statute of repose decreased, Secs. 6-5-221, 6-5-222, 6-5-225, 6-5-227 am'd. (2011-20201)

Statute of Repose

Last Action

Pending third reading on day 20 Favorable from Judiciary

4/27/2011

Committee Referrals

Judiciary4/12/2011
Commerce and Small Business3/3/2011

Full Bill Text

No bill text available