- Perfected -

SS/SCS/SB 840 - This act revises the statute of limitations and adds economic loss damages for home improvements. The ten-year statute of limitations remains the same. Currently, the time period begins to run at completion of the improvement.

The act requires the architect to file a certificate of substantial completion with the Recorder of Deeds and allows the Recorder to charge fees consistent with Section 59.313.3(1). The certificate must be recorded or the revised statute of limitations would not apply. The act would provide that the ten year statute of limitations would begin to run on the date of filing of the certificate of substantial completion or date of issuance of the occupancy permit. Otherwise, the normal ten year statute of limitations running from the date of completion would apply.

The act also make a declaration of public policy that a finding of a physical defect is not required in an action concerning liability in tort actions against public entities.

This act is similar to SCS/SBs 253 & 260 (2001).

CINDY KADLEC