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NY A04907
Bill
Status
2/10/2025
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Establishes a 10-year statute of repose for personal injury, wrongful death, and property damage claims against professional engineers, architects, landscape architects, land surveyors, geologists, and construction contractors for defects in improvements to real property
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Provides a 1-year extension (up to 11 years total) if an injury or death occurs during the tenth year after completion of the improvement
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Defines "completion" as the date a permanent certificate of occupancy is issued, the date of public improvement acceptance, or alternatively tied to mechanic's lien filing deadlines or final owner payment
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Exempts from the limitations period those in contractual or professional privity with the professional, and bars the defense from being used by anyone in actual possession or control of the improvement when the defect caused injury
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Legislative findings cite that open-ended liability has created unfair burdens on design professionals and contractors, increased insurance costs forcing some to forego coverage, and that this 10-year limit appropriately balances public protection with reasonable liability limits
Legislative Description
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.
Last Action
referred to higher education
1/7/2026