senate Bill S3334

2013-2014 Legislative Session

Repeals and reenacts provisions on time limitations on certain actions against professional engineers, architects, other designers and construction contractors

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Archive: Last Bill Status - In Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Feb 01, 2013 referred to judiciary


S3334 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add §214-d, amd §214, rpld R3211 sub (h), R3212 sub (i), CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4782, A2475
2009-2010: A4394

S3334 - Summary

Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors 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.

S3334 - Sponsor Memo

S3334 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013

Introduced  by  Sen.  GRIFFO -- 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


  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.


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